Instructional goals
The Course aims to provide to students a systematic knowledge of the Italian Constitutional Law and a general introduction to the institutions of public law, to be applied also in further courses of their career.
Prerequisites
none
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 in presence will be dedicated to the deepening of normative or jurisprudential case studies, in order to provide applied and knowledge to the students.
Reference Books
One of the following handbooks, in its last edition:
• R. Bifulco, Lezioni di diritto cosituzionale, Torino, Giappichelli
• R.Bin, G.Pitruzzella, Diritto costituzionale, Torino, Giappichelli
• P.Caretti, U.De Siervo, Diritto costituzionale e pubblico, Torino, Giappichelli.
• S. Cassese, Manuale di diritto pubblico, Milano, Giuffrè.
• F. Modugno (a cura di), Lineamenti di diritto pubblico, Torino, Giappichelli.
Further materials will be distributed in class
Mandatory is the costant reference to the text of the 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. Commento articolo per articolo, vol. II., edited by F. Clementi et aal. (il mulino, 2018)
Teaching Methods
Traditional teaching will be integrated, in part of face-to-face teaching hours, by the development of case studies, through the direct involvement of students on cases and regulatory and jurisprudential materials.
Assessment Method
Written exercitations will be organised during the course without value for the final exam.
Final exam will be oral and will count 100% of the evaluation.
During the oral exam the student will be required to show that he/she knows and understands notions and principles of 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 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 - as well as a seriously inadequate use of the terminology - will lead to an insufficient evaluation, even in presence of a basic knowledge of the matter.
Thesis assignment criteria
interview
Week 1 Contenuto sessioni on line e on campus
on campus: Introduction to the course
General notion of the legal order
online
legal actors and basic legal situations
Week 2 Contenuto sessioni on line e on campus
on campus:
The State and its constitutive elements. Forms of State
online:
federalism; States and the EU
Case study: law no. 91/1992
Week 3 Contenuto sessioni on line e on campus
on campus:
The constitution (notion). Constitutional amendments
online:
limits to const amendments
case study: ICC, judgment no. 1146/1988
Week 4 Contenuto sessioni on line e on campus
Italian constitutional organisation. The government.
online: Ministers and State secretaries
case study: ICC, judgment no. 7/1996
Week 5 Contenuto sessioni on line e on campus
on campus:
Leglislative procedure
online: budget session
case study: ICC, judgment no. 379/1996
Week 6 Contenuto sessioni on line e on campus
on campus:
The President of the Republic
online:
The relationship with the Government
case study: ICC, judgment no. 200/2006
Week 7 Contenuto sessioni on line e on campus
on campus:
Regions and local government.
online: The judiciary
case study: ICC, judgment no. 303/2003
Week 8 Contenuto sessioni on line e on campus
on campus:
Sources of Law I
online: conflicts among norms and their solution
Case study: Law no. 400/1988
Week 9 Contenuto sessioni on line e on campus
on campus:
Sources of Law in the Italian legal order
online: decree-laws
case study: ICC judgment no. 32/2014
Week 10 Contenuto sessioni on line e on campus
on campus: Constitutional adjudication in Italy
online: The US model
case study: ICC, judgment no. 1/1956
Week 11 Contenuto sessioni on line e on campus
on campus:
Accessing the constitutional court
online: The re-centralisation of the constitutional adjudication
case study: ICC judgment no. 13/2019
Week 12 Contenuto sessioni on line e on campus
on campus:
Fundamental rights - an introduction
online: internet and fundamental rights.
Case study: The Charter of fundamental rights in the internet