ITALIAN PUBLIC LAW
Instructional goals
The course aims to provide for fundamental elements of knowledge about Public Law, intended as the basic discipline of State and other institutions’ powers, as well as framework course for further development of the study of legal subject in the Department of Political Science.
Together with the general introduction to Public law, the course aims to provide the students with essential elements of legal language and practical tools for the access to sources of law, jurisprudence and legal literature. Also written exercitations, seminars and class discussions will help to reach these objectives.
Intended learning outcomes
The course aims to provide students with the elements of knowledge of public law, also promoting suitable self-learning processes through oral expositions during lessons or written papers, so as to guarantee the acquisition of the essential tools of legal language and knowledge of the methods of documentation on regulatory sources, doctrine and jurisprudence most relevant in the field of public law. So that, at the end of the course, the student has gained autonomous ability to apply the legal notions acquired in the professional sectors of competence. Through the didactic activities, the student must also acquire suitable methodological tools aimed at promoting autonomy of analysis and judgment of the different normative, jurisprudential and doctrinal sources and mature communication skills, of the specific legal discipline through both oral and written form.
Course Contents
The first part of the course Is devoted to illustrate the basic and fundative elements of Law in general, as well as to the essential elements of the general theory of law (notions of legal subjects, legal orders and legal norms, sources of law and collision rules, interpretation of law).
This part is followed by the introduction to the theory of the State, paying specific attention to the evolution of the contemporary form of State between substatal entities and sovranational interdependence (starting with the European integration).
The central part of the course focuses on the Italian constitutional order, the Italian constitution and its most relevant principles, the organization of public powers and institution. Particular attention is paid to dynamics linked to the separation of powers and the existence of checks and balances among public powers.
The final part of the course is devoted to the constitutional principle on public administration and to the system of administrative justice.
Reference Books
It is possible to adopt as reference textbook one of the following:
- A. Barbera-C. Fusaro, Corso di diritto pubblico, il Mulino, Bologna.
- R. Bin-G. Pitruzzella, Diritto pubblico, Giappichelli, Torino.
- P. Caretti-U. De Siervo, Istituzioni di diritto pubblico, Giappichelli, Torino.
It is mandatory to stody the textbook together with the text of the constitution
It is suggested to consult also a code of the main text of Public law.
Teaching Methods
Classes, focuses on specific topics and oral and written exercitations
The online lessons will be dedicated to exercise lessons; student exhibitions; Testimonials
Assessment Method
During the course, the learning will be verified through oral and written exercises (also in the form of lectures or written papers, even in groups) concerning the main topics studied by the teacher. The oral expositions and the written works of the students can compete in the final evaluation, with an arithmetic average of the mark obtained, if accepted.
The intermediate test can compete in the final evaluation, with an arithmetic average of the mark obtained, if accepted, with exemption from the final examination of the part of the program covered by the intermediate test.
The intermediate test is reserved for students of the current a.a. Students will be able to take advantage of the reported grade, with relative exemption, if they take the final exam in the summer and autumn session of the current a.a.
Final oral exam 100%.
Thesis assignment criteria
minimum mark of 25/30 after motivational interview
Week 1
Week 1
Lesson 1
Introduction.
THE LEGAL PHENOMENON
Relevant Chapter of the chosen textbook
Lesson 2
PUBLIC LAW AND PRIVATE LAW
LEGAL NORMS
Relevant Chapter of the chosen textbook
Lesson 3
Discussion on current issues (15 min)
LEGAL SUBJECTS AND INDIVIDUAL LEGAL SITUATIONS
LEGAL ORDER AND LEGAL ORDERS
Relevant Chapter of the chosen textbook
Week 2
Week 2
Lesson 1
Documentation sources
Lesson 2
LEGAL ACTS AND CUSTOMARY LAW LEGAL ACTS IN THE ITALIAN LEGAL ORDER
COLLISIONE CRITERIA AMONG LEGAL NORMS
Relevant Chapter of the chosen textbook
Lesson 3
Discussion on current issues (15 min)
LEGAL INTERPRETATION
RELATIONSHIPS WITH EU LAW AND INTERNATIONAL LAW
Relevant Chapter of the chosen textbook
Week 3
Week 3
Lesson 1
Documentation sources
Lesson 2
RELATIONSHIPS BETWEEN ITALIAN STATE AND EU
RELATIONSHIPS BETWEEN STATE AND CHURCHES THE CONSTITUTION –
Relevant Chapter of the chosen textbook
Lesson 3
Discussion on current issues (15 min)
CONSTITUENT POWER AND CONSTITUTED POWER
RIGID AND FLEXIBLE CONSTITUTIONS THE REVISION OF THE CONSTITUTION AND ITS LIMITS
Relevant Chapter of the chosen textbook
Week 4
Week 4
Lesson 1
Documentation sources
Lesson 2
FUNDAMENTAL RIGHTS AND SOCIAL RIGHTS
Political rights
Relevant Chapter of the chosen textbook
Lesson 3
Discussion on current issues (15 min)
PEOPLE AND ELECTIONS
ELECTORAL SYSTEMS
Relevant Chapter of the chosen textbook
Week 5
Week 5
Lesson 1
oral interventions of students/testimonies
Lesson 2
THE STATE AND ITS FEATURES. CONSTITUTIVE ELEMENTS OF THE STATE. CITIZENSHIP. TERRITORY AND SOVEREIGNTY FORMS OF STATE
Relevant Chapter of the chosen textbook
Lesson 3
Discussion on current issues (15 min)
ABSOLUTE STATE – RECHTSTAAT – DEMOCRATIC PLURALISTC STATE FORMS AND INSTRUMENTS OF DEMOCRACY
UNITARY STATE – FEDERAL STATE – REGIONAL STATE
Relevant Chapter of the chosen textbook
Week 6
Week 6
Lesson 1
oral interventions of students/testimonies
Lesson 2
FORMS OF GOVERNMENT: CONSTITUTIONAL MONARCHY – PARLIAMENTARY FORM OF GOVERNMENT
PRESIDENTIAL AND SEMI-PRESIDENTIAL FORM OF GOVERNMENT
Relevant Chapter of the chosen textbook
Lesson 3
Discussion on current issues (15 min)
PARLIAMENT – BICAMERALISM AND INTERNAL ORGANISATION
PARLIAMENTARY PREROGATIVES
FUNCTIONS OF THE PARLIAMENT – CONFIDENCE RELATIONSHIP
Relevant Chapter of the chosen textbook
Week 7
Week 7
Lesson 1
oral interventions of the students of verification on exposures made (peer review)
Lesson 2
LEGISLATIVE PROCEDURE
SPECIAL PARLIAMENTARY PROCEDURES
OVERSIGHT FUNCTION
Relevant Chapter of the chosen textbook
Lesson 3
Discussion on current issues (15 min)
OVERSIGHT FUNCTION
Relevant Chapter of the chosen textbook
Week 8
Week 8
Lesson 1
oral interventions of students/testimonies
Lesson 2
THE FORMATION OF THE GOVERNMENT
ORGANS OF THE GOVERNMENT
MINISTRIES AND ADMINISTRATIONS
ANCILLARY ORGANS POLITICAL AND ADMINISTRATIVE POWERS OF THE GOVERNMENT
NORMATIVE POWERS OF THE GOVERNMENT: LEGISLATIVE DECREES AND DECREE-LAWS
NORMATIVE POWERS OF THE GOVERNMENT: REGULATIONS
Relevant Chapter of the chosen textbook
Lesson 3
INTERMEDIATE TEST
Week 9
Week 9
Lesson 1
oral interventions of students/testimonies
Lesson 2
PRESIDENT OF THE REPUBLIC – ELECTION
FUNCTIONS AND RESPONSIBILITY OF THE PRESIDENT OF THE REPUBLIC
Relevant Chapter of the chosen textbook
Lesson 3
Discussion on current issues (15 min)
REGIONS AND LOCAL AUTORITIES -
REGIONAL FORM OF GOVERNMENT
Relevant Chapter of the chosen textbook
Week 10
Week 10
Lesson 1
oral interventions of the students of verification on exposures made (peer review)
Lesson 2
LEGISLATIVE POWERS OF THE REGIONS
LOCAL AUTORITIES
ADMINISTRATIVE POWERS OF THE REGIONS AND LOCAL AUTORITIES. REGIONS’ AND LOCAL AUTORITIES’ BUDGET POWER
Relevant Chapter of the chosen textbook
Lesson 3
Discussion on current issues (15 min)
THE JUDICIARY -
THE HIGH COUNCIL OF THE JUDICIARY
Relevant Chapter of the chosen textbook
Week 11
Week 11
Lesson 1
oral interventions of students/testimonies
Lesson 2
THE COSTITUTIONAL COURT
THE JURISDICTIONAL PROCEEDINGS
Relevant Chapter of the chosen textbook
Lesson 3
Discussion on current issues (15 min)
THE DECISIONS OF THE COSTITUTIONAL COURT
Relevant Chapter of the chosen textbook
Week 12
Week 12
Lesson 1
oral interventions of the students of verification on exposures made (peer review)
Lesson 2
THE PUBLICA ADMINISTRATION
ADMINISTRATIVE DECISIONS AND ACTS
Relevant Chapter of the chosen textbook
Lesson 3
Discussion on current issues (15 min)
ADMINISTRATIVE JUSTICE
Relevant Chapter of the chosen textbook