Global Humanities

FRANCESCO SAITTO
ANGELO SCHILLACI

The course aims to provide students with knowledge of the basic features of the main traditions of Western constitutionalism from a comparative and historical perspective. Specific attention will also be devoted to the historical development of models of constitutional adjudication.

Knowledge of the general frame of the historical evolution of western constitutionalism, as well as on its relation with constitutional experiences. Knowledge of the main models of constitutional adjudication, their historical development, and contemporary trends in this field. Ability to discuss cases, orally or in writing.

Full knowledge of basic elements of public and constitutional law - knowledge of English

The first part of the course (Prof. Schillaci) will outline a historical profile of Western constitutionalism. First, the roots of constitutionalism in the ancient world will be addressed, with particular reference to Greek and Roman culture. Subsequently, some antecedents of contractual doctrines and the idea of higher law in the medieval era will be addressed. Finally, the three main traditions of Western constitutionalism, namely the English, American, and French traditions, will be discussed, highlighting their main historical junctures and cultural influences.
In the second part (Prof. F. Saitto), the course will focus on on the themes of constitutional adjudication. Following a seminar-style approach, the lessons will emphasize a seminar-based method and the study of case studies. Initially, the topic of judicial review of legislation will be introduced. The constitutional review of legislation and the debate around its theoretical justification will then be examined from a historical perspective. Subsequently, tthe course will explore in greater depth the decentralized model of constitutional adjudication, starting from the study of the Marbury v. Madison ruling. the course will then focus on the centralized model rooted in Kelsenian and continental traditions. Specifically, the Italian Constitutional Court’s ruling no. 1 of 1956 will be examined. In addition, the lessons will concentrate on the integrated system for the protection of fundamental rights in Europe and the defining features of multi-level protection of fundamental rights. Finally, the course will focus on some current trends in constitutional justice, examining the use of precedents, the recourse to dissenting opinions, and the gradual convergence between the models.

A. Buratti, Western Constitutionalism. History, Institutions, Comparative Law, Giappichelli, 2023.
F. Saitto, The Camel’s Dilemma. Critical Reflections on the Political Nature of Constitutional Courts, in Zeitschrift für öffentliches Recht, 2021, 353 ss.
D. Grimm, Constitutional Courts and Judicial Review, 2025 (Part II: Judicial Review and Democracy; Part III: Constitutional Adjudication: Law or Politics?; Part VI: Europe: Competing Courts; Part VII: Opponents)

For attending students, texts and materials will be indicated during the lessons.

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Lessons; Workshops on literature and cases

In attendance.

Oral exam. During the course, workshop and exercises will be carried out and individual and group presentations will be assessed.

Ancient and modern constitutionalism
The English constitutional tradition
Federalism in the North American constitutional tradition
Models of constitutional adjudication
The decision in the case of Marbury v. Madison
Constitutional courts and supranational courts

Please note that the questions above are only an example of those that will be asked during the exam.

• Western Constitutionalism - An overview (4 hours)
  • Books: Buratti - Chapter I and Chapter VIII


• Western constitutionalism - English tradition (4 hours)
  • Books: Buratti - Chapter II


• Western constitutionalism - the US tradition (4 hours)
  • Books: Buratti - Chapter II


• Western constitutionalism - the French tradition (4 hours)
  • Books: Buratti - Chapter II


• Contemporary constitutionalism - An overview (4 hours)
  • Books: Buratti - Chapter III - IV


• Constitutional adjudication: an introduction (4 hours)
  • Books: Texts recommended during the lessons


• The decentralized model (4 hours)
  • Books: Texts recommended during the lessons


• The centralized model (4 hours)
  • Books: Texts recommended during the lessons


• The multilevel protection of fundamental rights (4 hours)
  • Books: Texts recommended during the lessons


• Current Trends and Issues in Constitutional Justice (4 hours)
  • Books: Texts recommended during the lessons