CONSTITUTIONAL LAW
Instructional goals
The course aims to provide the student with a full knowledge of the various concepts of constitutionalism and of the principles and elements of the Italian Constitutional Law, both under a theoretical and an historical perspective, also considering the ongoing constitutional reform. Acquisition and knowledge of the fundamental notions on the following topics: the State, the State and the international community, the Italian Republic and the European Union, forms of state and forms of government, sources of law, constitutional guarantees, constitutional justice, constitutional organization, judicial power, constitutional principles on administration, territorial autonomy, freedoms and rights. These notions will allow him to build more complex concepts in order to arrive at an overview of the constitutional order in the community and international context.
Intended learning outcomes
Knowledge and understanding: the student – through course attendance and practical activities – will gain full knowledge of the general categories of Italian Constitutional Law and concepts of the Constitution, also in the light of the supranational regulatory framework. At the end of the course there will be an oral exam Applying knowledge and understanding: The student, by learning the theory and the appropriate legal method, will be able to interpret and apply, also to cases, principles and concepts of Italian Constitutional Law. The student will be able to compare these principles with those established at the supranational level. At the end of the course, an oral exam will take place. Making judgements: The student, by making use of the appropriate methods learned during the course, will be able to collect data and materials to analyse the relevant provisions, case law as well as scholars’ approaches related to Italian Constitutional Law. The student will gain the ability to evaluate such data independently and to make critical judgements on their application to practical cases. Communication skills: At the end of the course the student will be able to use the legal and technical vocabulary of Constitutional Law, addressing the legal issues at hand with terminological accuracy. Through the various activities that will take place during the course – lessons with discussion and oral exams – the student will be able to put these communication skills into practice in various contexts, by adapting the terms used to the interlocutor in the specific case, thus gaining advanced rhetorical skills necessary for his/her professional career.
Learning skills: the technical and legal knowledge gained during the course will allow the student to independently understand and interpret regulatory changes, new case law and scholars’ approaches related to Italian Constitutional Law. The student will develop a solid knowledge of the fundamental aspects of the matter that will allow him/her to carry on also independently further study as well as to undertake different postgraduate training activities.
Course Contents
As an indication, the course examines: the general framework of modern and contemporary constitutionalism; the system of the sources of law and the aspects of the legal phenomenon; the fundamental principles of the Italian Republic; the constitutional rights and duties; the electoral law and the dynamics of the parliamentary form of government; the referendum and the other institutions of direct democracy; the Parliament (structure, functions and parliamentary immunities) and the legislative process; the Executive (structure, functions and ministerial responsibility) and its normative powers; the constitutional principles regarding the Public Administration; the President of the Republic (functions, role and responsibility); the Regions, and the Local Governments (organizations, statutory and regulatory powers, competencies, and institutional relationships with the State); the Judiciary (organization, functions and guarantees); the Constitutional Court (composition and functions).
Reference Books
- R. Bifulco, Diritto Costituzionale, Giappichelli, 2022 Torino.
OPPURE
- P. Caretti e U. De Siervo, Diritto costituzionale e pubblico, Quarta Edizione, Giappichelli 2020 Torino.
OPPURE
- T. Martines, Diritto costituzionale, Giuffrè, 2022.
Teaching Methods
Academic lectures,
seminars, exercises, conventions and conferences also held by external guests from the academic and professional world. Multimedia content available on the Moodle platform (videos, slides, tutorials, forums, work groups, etc.)
Assessment Method
During the oral exam the student will be required to show that he/she knows and understands notions and principles of Italian Constitutional Law and that he/she is able to apply them to practical cases. The student is expected to be able to independently analyse sources and relevant theories of Italian Constitutional Law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the matter. The following evaluation criteria will be taken into account to assign the final grade, expressed in thirtieths: - knowledge and understanding of the notions and principles of the matter and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary, ability to analyse and evaluate relevant sources and acquisition of the study method (35%).
Learning gaps concerning one or more notions or principles will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.
Thesis assignment criteria
To have passed the exam with the minimum score of 27/30; to have knowledge of foreign languages; to show an aptitude and an interest in the Constitutional Law.
Week 1 Contenuto sessioni on line e on campus
The fundamental principles of the Italian constitutional order
Democracy concepts; representation. Form of State.
(R. Bifulco: Chap. I, II e IV or Caretti-De Siervo: Chap. II, III, IV);
Federal, regional and centralized form of state; Welfare and law status.
(R. Bifulco Chap. II or Caretti-De Siervo: Chap. II, III, IV);
Presidential, Parliamentary, mixed government
(R. Bifulco chap. II, VII or Caretti-De Siervo: Chap. II, III, IV);
The modern state and the formation of constitutional law
(R. Bifulco chap. II or Caretti-De Siervo: Chapter II, III, IV);
Week 2 Contenuto sessioni on line e on campus
The sources of law
The Constitution
Hierarchy of sources and competences
Sources of constitutional level, primary and secondary
Criteria for solving antinomies
Laws
Sources of production and sources of cognition
The rules of legal interpretation Amnesty and pardon
(R. Bifulco chap. XI, XII or Caretti-De Siervo: Chapter XV)
Week 3 Contenuto sessioni on line e on campus
Electoral body and political relations
Voting rights and parties
Electoral function and capacity
Electoral systems
Procedures for the election of members of the Chamber, Senate, Regions, local authorities
Tools for the direct exercise of sovereignty
The petition
The popular legislative initiative
Referendum
Repeal referendum
Referendum in the constitutional review procedure
Regional referendum
(R. Bifulco chap. V, VI, XII or Caretti-De Siervo: chap. V);
Week 4 Contenuto sessioni on line e on campus
Costitutional Bodies and powers
Parliament
Parliament in joint session
The committees of inquiry.
Composition and functioning. The parliamentary groups. The joints
Parliamentary committees
Power of direction, supervision and control, legislative.
The legislative function.
The legislative procedure.
The law as an address-control act.
Status of members.
Ineligibility and incompatibility. Immunity
Unquestionability of votes and opinions expressed.
(R. Bifulco chap. VI or Caretti-De Siervo: Chap. VI);
Week 5 Contenuto sessioni on line e on campus
President of the Italian Republic
Elective procedure
Guarantees of autonomy
Expertise and Powers
Topic 4.1: Promulgation
Topic 4.2: Referral power
Topic 4.3: Appointment of the Government
Topic 4.4: Power of grace
Topic 4.5: Dissolution of the Chambers.
Responsibility
(R. Bifulco chap. VIII or Caretti-De Siervo: Chapter VII);
Week 6 Contenuto sessioni on line e on campus
Government.
Trust and distrust
Members.
Topic 3.1: President of the Council
Topic 3.2: Ministers and Undersecretaries
Topic 3.3: Appointment of government
Ministerial offenses and parliamentary authorization to proceed
Government power of address. (R. Bifulco chap VII or Caretti-De Siervo: Chapter VIII);
Week 7 Contenuto sessioni on line e on campus
Auxiliary Courts and Councils
The constitutional regulation of auxiliary bodies
Functions
CNEL
Topic 3.1 Composition
Topic 3.2. Contribution to the development of economic and social legislation
State Council
Topic 4.1 Structure
Topic 4.1 Consultative activity
Topic 4.3 Jurisdictional activity
Court of Auditors
Topic 5.1 Preventive control of legitimacy
Topic 5.2 subsequent control over the management of the state budget
(R. Bifulco chap. VII, p.8 or Caretti-De Siervo: chap. IX);
Week 8 Contenuto sessioni on line e on campus
Judiciary
Organs and functions
CSM
Topic 2.1. Functions
Topic 2.2. Nature of the organ.
Judicial function and requisition.
The jurisdictional system
Topic 4.1 Special magistrates.
Right procedure
(R. Bifulco chap. IX or Caretti-De Siervo: chap. XIII);
Week 9 Contenuto sessioni on line e on campus
Composition of the Italian Republic
Regions and local authorities
Special and ordinary regions, municipalities and provinces
Regional legislative power
Reform of Title V
Expertise
Topic 5.1. Principle of subsidiarity
Topic 5.2. State intervention power
Topic 5.3. Statutory power of the Regions
Topic 5.4. Political and administrative organization of the Regions
(R. Bifulco chap. X or Caretti-De Siervo: chap. XI);
Week 10 Contenuto sessioni on line e on campus
Structure and functioning of the Constitutional Court.
Functions.
Control of constitutional legitimacy.
Judgment on conflicts of attribution between the powers of the State
Topic 5.1 Judgment on conflicts between state and regions and between regions
Topic 5.2 Opinion on the charges brought against the President of the Republic
Topic 5.3 Judgment of admissibility of the abrogative referendum
(R. Bifulco chap. XXVI or Caretti-De Siervo chap. XII);
Week 11 Contenuto sessioni on line e on campus
Rights and duties of citizens.
Rights and duties
The freedoms
Topic 2.1. Personal freedom
Topic 2.2 Freedom of domicile, correspondence, circulation
Topic 2.3 Freedom of assembly, of association
Topic 2.4 Freedom of expression of thought and of the press
Economic initiative and ownership
Unions and parties
Constitutional provisions on criminal and administrative liability.
(R. Bifulco cap. XV, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV and XXV or Caretti-De Siervo: Chap. XIV);
Week 12 Contenuto sessioni on line e on campus
Final lesson (clarifications and answers to any doubts).