CONSTITUTIONAL LAW

CONSTITUTIONAL LAW

Nicola Lupo

Instructional goals

The course aims to provide the student with a general and systematic preparation of Italian constitutional law, understood as a basic discipline on the structure of state powers and other public institutions and as a framework course that opens up to subsequent specific in-depth studies covered by other public law courses taught. Together with the general outlines of the subject, the course aims to provide students with the essential tools of legal language and the knowledge of the methods of documentation on the most relevant normative sources, doctrine and jurisprudence in the field of constitutional law.

Intended learning outcomes

Knowledge and understanding of the Italian constitutional order, placed within the framework of the institutional arrangements of the European Union. Ability to apply knowledge and understanding. The student, acquiring knowledge and understanding the operating dynamics of the main institutions of constitutional law (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 autonomies, freedoms and rights) will be able to build more complex concepts in order to achieve a vision of ensemble of the constitutional order in the EU and international context. Autonomy of judgment: the student will be stimulated to achieve his own autonomy of evaluation and judgment on legal problems and the methodological tools useful for the collection, interpretation and application of regulatory sources, in order to apply them independently and original to the analysis of the problems that will be faced in the workplace. Communication skills. The student will be brought to develop and use with mastery the legal lexicon of constitutional area, with terminological precision and an appropriate rhetorical and argumentative ability. Learning ability. The student will develop the ability to identify and interpret regulatory changes and new doctrinal and jurisprudential orientations, also updating independently.

Course Contents

The course consists in the presentation of the main institutes of Constitutional Law. In brief the themes are the following: Organization of Powers – State – Forms of State – Forms of Government – Italian Constitutional Organization – Regions and Local Government – Public Administration – Public Acts and Rights’ defense - Sources of law – Constitution – The sources of Italian Law – European Sources of Law – Local Sources of Law – Administrative Acts – Rights and Liberties – Judicial Administration – Constitutional Justice - State and the markets. Each week, part of the teaching will be dedicated to the deepening of normative or jurisprudential case studies, also taken from current affairs, in order to provide applied and knowledge to the students.

Reference Books

One of the following textbooks, in its last edition: A. Barbera-C. Fusaro C- Caruso, Corso di diritto costituzionale, Il mulino, 2026; R. Bifulco, Diritto Costituzionale, Giappichelli, 2026; R. Bin-G. Pitruzzella, Diritto costituzionale, Giappichelli, 2026. Also other textbooks might be used, in their latest edition, to be previously approved by the instructor. Mandatory is the constant reference to the text of the Italian Constitution. It is also recommended the use of a code of the main laws of constitutional and public law. As a further suggestion, students are invited to consult the relevant parts of La Costituzione italiana. Further materials will be distributed on the e-learning platform.

Teaching Methods

The teaching makes constant reference to the events taken from current political and constitutional events, in order to apply and test the notions learned. Reference will also be made to case studies by circulating the relevant materials (laws, bills, judgments)

Assessment Method

Mid-term written text, optional and covering the first part of the program, if the student wants to make use of it.

Thesis assignment criteria

Final mark of 28 or above. Interview

Week 1

Introduction to the course General notion of the legal order Public Law/Private Law Constitutions and Constitutionalism

Week 2

The State and its constitutive elements. Forms of State Political Representation, Separation of Powers, Majority Rule Federalism; States and the EU.

Week 3

The constitution (notion). Constitutional amendments: procedure and limits

Week 4

Forms of Government and general political direction, between Italy and the EU. The electorate. Referendums

Week 5

The electoral system for the Chamber and the Senate The Italian Parliament: the Structure and the status of MPs

Week 6

The Italian Parliament: the functions The legislative process Oversight parliamentary procedures

Week 7

The confidence procedures. The formation of the Government. The Government: Structure and Functions

Week 8

The normative powers of the Government The President of the Republic: election and powers

Week 9

The budgetary power, between Government and Parliament Constitutional Principles of Public Administration

Week 10

Constitutional Adjudication

Week 11

Fundamental Rights' Protection, between Italy, EU, and ECHR