Progetti di ricerca

Profili comparatistici della tradizione costituzionale scandinava. Principi fondamentali e forme di garanzia negli ordinamenti di Svezia e Norvegia.

Comparative patterns of Scandinavian constitutional law. Fundamental principles and legal protections in the Swedish and Norwegian systems.

Ambito disciplinare Macroarea 3

Settori produttivi progetti di ricerca Area 14 - Scienze giuridiche

Tipologia finanziamento PROGETTI PER ASSEGNI DI RICERCA (Finanziamenti di Ateneo)

Data avvio: 15 April 2016

Data termine: 14 April 2018

Importo: 46.926,00 Euro

Abstract:

When using the term "Scandinavian law", scholars generally refer to the law of the Nordic countries, which share a common legal heritage founded only partly on Germanic cultural roots and a influence from continental Europe. Indeed, from a macrocomparative point of view the Scandinavian system could form an autonomous legal family.

From a methodological standpoint, the research will be carried by comparing similarities and differences among selected Scandinavian legal systems and by adopting a diachronic approach relating to the form of government, which will guarantee a solid historical assessment of the development, and consolidation of a distinct Scandinavian legal culture.

In particular, this research project aims at deepening the knowledge of the scandinavian constitutional law by identifying its peculiarities and main patterns with specific regards to fundamental principles and their legal protections.

Obiettivi: The research aims at identifying the main characteristics of the so called “Scandinavian law” that is the law adopted by the five countries of the Northern Europe: Denmark, Finland, Iceland, Norway and Sweden including the three territories of Faroe Islands, Greenland and the Åland Islands. All these Nordic states and territories share a common legal heritage only partially based on certain conceptions of the ancient Germanic law. That is the reason why scholars of comparative studies generally refer to Scandinavian law considering it as part of the broader group of civil law but at the same time, as main doctrine affirms, also as the law that could be considered as an autonomous legal family with its own particular features. Since the academic debate is ongoing, this project will try to define its core issues from the perspective of comparative public law, taking into account the major patterns of civil and common law. The methodological paradigm that will be used by the researcher is based on the study of similarities and differences among selected Scandinavian legal systems and on the adoption of a diachronic approach. The latter will be especially important when studying the form of government, as it will guarantee an indicative assessment of the development, and consolidation of a distinct Scandinavian legal culture from a historical point of view. Moreover, the researcher will focus more closely on the main patterns of the contemporary Scandinavian constitutional law at least from a theoretical point of view considering that the recent academic debate generally underlines that it is not so clear whether a specific tradition of constitutional law or a constitutional doctrine in Scandinavia can be identified. By the end of this introductory phase of the project, the researcher will be able to manage general concepts related to fundamental rights and their legal protections according to Scandinavian law. The research will be carried out in two main phases with a special focus on two selected countries: Sweden and Norway.

Contatti: maurilio.gobbo@unipd.it

Note:

Bando per Progetti per Assegni di Ricerca Junior anno 2015

Assegnista di ricerca: Giuseppina Scala