CONSTITUTIONAL LAW

CONSTITUTIONAL LAW

Filippo Donati, Angelo Junior Golia

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 teaching that opens up to subsequent specific in-depth studies that are the subject of other public law courses taught in the Department. Along with the general outlines of the subject, the course aims to provide students with the essential tools of legal language and knowledge of how to document the normative sources, doctrine and jurisprudence most relevant to the field of constitutional law.

Intended learning outcomes

Knowledge and understanding of the Italian constitutional system, placed within the framework of the institutional arrangements of the European Union. Ability to apply knowledge and understanding: the student, by acquiring knowledge and understanding of the dynamics of the functioning 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 construct more complex concepts in order to arrive at an overall view of the constitutional order in the EU and international context. Autonomy of judgment: the student will be stimulated in achieving his or her own autonomy of evaluation and judgment on legal problems and the methodological tools useful for the collection, interpretation and application of normative sources, in order to apply them in an independent and original way to the analysis of problems he or she will face in a work context. Communication skills: the student will be led to develop and master the legal vocabulary of the constitutionalist area, with terminological precision and appropriate rhetorical and argumentative skill. Learning skills: the student will develop the ability to identify and interpret normative variations and new doctrinal and jurisprudential orientations, while also updating independently.

Course Contents

The first part of the course is devoted to the fundamentals on the legal phenomenon and the main partitions in the study of law, as well as focusing on the essentials of general legal theory (legal subjects, legal systems and norms, sources and criteria for the application and interpretation of norms). This is followed by a discussion of the lineaments of state theory, with specific attention to both the institutional transformations that characterize the contemporary state, between infra-state autonomies and international interdependencies (beginning with the European dimension), and the main classifications with regard to the form of states and forms of government. The second part of the course then focuses on the Italian constitutional system, starting with the Republican Constitution and examining both the most relevant principles concerning the relationship between citizens and public powers, and the structure and role of the constitutional and/or constitutionally relevant bodies provided for in the current system, with specific attention to the dynamics related to the separation of powers. The final part of the course is reserved for constitutional justice. During each week, part of the face-to-face teaching will be devoted to in-depth study of normative or jurisprudential case studies in order to provide applied knowledge.

Reference Books

R. Bifulco,Diritto costituzionale, Turin, Giappichelli (latest edition) Additional potential teaching materials will be indicated during the lectures. Study of the textbook should be accompanied by constant reference to the text of the Constitution and the legislation covered.

Teaching Methods

Traditional teaching will be complemented by the analysis of case studies, through direct involvement of students on cases and normative and jurisprudential materials.

Assessment Method

The test consists of an oral examination where the students shall demonstrate to know and understand the institutions and principles of constitutional law. The student must be able to independently analyze the relevant sources and legal orientations of constitutional law and correctly use the technical-legal vocabulary of the subject, thus demonstrating that he or she has attained the study method and learning ability necessary to also independently pursue in-depth study of the subject. For the purpose of awarding the grade in thirtieths, the following evaluation criteria will be taken into account: - knowledge and understanding of the institutes and principles of the subject and ability to apply them to concrete cases (65 percent); - ownership of technical-legal vocabulary, ability to consult and evaluate relevant sources, and acquisition of study method (35 percent). The presence of educational gaps on one or more institutes or principles will result in an insufficient evaluation even in the presence of a basic knowledge of the subject.

Thesis assignment criteria

Marked interest in public law matters.

Week 1

Introduction to the class: law, legal system, constitution Origins of modern state, forms of State

Week 2

Forms of government Pre-republican constitutional order - fascist state - origins of the Republican Constitution

Week 3

Electoral systems and electoral legislation Sources of Law: interpretation and antinomies

Week 4

Constitution, constitutional laws, and constitutional reform International Law, ECHR, EU law and Constitution

Week 5

Parliament. Organization, functions, lawmaking procedure. Parliamentary legislation as source of law. Budget procedure. The Executive. Formation and organization

Week 6

Executive legislation. "Delegated" decrees Decree-laws Referendum President of the Republic

Week 7

Administration and regulatory legislation Judiciary and jurisdictional functions

Week 8

Judiciary council Regions: government Regions: sources Local governments

Week 9

Rights - general framework Equality, reasonableness, proportionality

Week 10

Civil rights

Week 11

Social and economic rights

Week 12

Judicial review of legislation Constitutional court: composition, proceedings, powers