CONSTITUTIONAL LAW 2

Study of the Fundamental Rights and Duties of the Italian Constitution

Knowledge and mastery of the concepts covered in the Constitutional Law 1 course

Deepening of knowledge regarding fundamental rights and duties. Ability to apply knowledge and understanding. By acquiring knowledge and understanding the dynamics underlying the functioning of the main institutions of fundamental rights, students will be able to construct more complex concepts in order to gain a comprehensive view of the multi-level nature of fundamental rights Independence of judgment: Students will be encouraged to develop their own independent ability to evaluate and judge issues concerning the interpretation and implementation of fundamental rights, so as to apply these interpretive criteria independently and creatively to the analysis of problems they will encounter in a professional context. Communication skills. Students will be guided to develop and master the legal vocabulary of constitutional law, with terminological precision and appropriate rhetorical and argumentative skills. Learning ability. Students will develop the ability to identify and interpret changes in legislation and new trends in legal doctrine and case law, while also keeping themselves updated independently.

The course is divided into two distinct parts: the first examines the main dogmatic and systematic issues related to fundamental rights, with a focus on historical aspects as well; the second part examines in detail the main categories of rights and duties contained in the Italian Constitution, including through an analysis of specific Constitutional Court rulings which will be distributed at the start of the class

Benvenuti M., Bifulco R. (a cura di), Trattato di diritto costituzionale, Volume III. I diritti e i doveri costituzionali, Giappichelli, 2022.

Traditional instruction will be supplemented, during part of the in-person class time, by the development of case studies, through the direct involvement of students in analyzing cases and legal and jurisprudential materials.

The exam consists of an oral interview in which the student must demonstrate knowledge and understanding of the institutions and principles of fundamental rights and the ability to apply them to practical cases presented by the instructor through concrete examples. The student must be able to independently analyze the relevant sources and legal principles of constitutional law and correctly use the technical legal terminology of the subject, thereby demonstrating that they have acquired the study methods and learning skills necessary to continue exploring the subject independently. For the purposes of assigning a grade on a scale of 30, the following evaluation criteria will be taken into account: - knowledge and understanding of the institutions and principles of the subject and the ability to apply them to concrete cases (65%); mastery of technical-legal terminology, the ability to consult and evaluate relevant sources, and the acquisition of study methods (35%). Gaps in knowledge regarding one or more concepts or principles will result in a failing grade, even if the student possesses a basic understanding of the subject.

Interview.