PUBLIC LAW
Instructional goals
The course is meticulously designed to impart students with a foundational knowledge and understanding of the prevailing framework of public law. It serves as a fundamental foundation for the subsequent legal courses that students will undertake in their future professional pursuits. Moreover, it aims to underscore the significance of the legal dimension within the political systems, thereby facilitating a comprehensive grasp of legal and political phenomena. Following an introductory presentation on the fundamental concepts of the discipline, the students will engage with two national constitutional systems: one of civil law (the Italian system) and one of common law (the UK system). They will be tasked with dealing with first-hand material and case law to broaden their practical knowledge of the subject.
Intended learning outcomes
1. Knowledge and understanding: general knowledge of the principles of constitutionalism and of the basic features of Uk and Italian legal order
2. Applying knowledge and understanding: application of the Public Law principles to common law and civil law systems
3. Making judgements: critical assessment of the compliance of a legal order with the principles of constitutionalism
4. Communication skills: usage of the legal terminology and jargon, with reference to different legal orders
5. Learning skills: ability to understand the institutional and legal sides of political facts
Course Contents
The course is meticulously structured into three sections. The initial section is dedicated to an exposition of the principles of constitutionalism and public law in the modern era (prof. Menegus). The subsequent section, led by prof. Gordon, and the final section, overseen by prof. Faraguna, delve into two distinct constitutional experiences: the British and Italian cases, respectively. The United Kingdom, explored through lectures by prof. Gordon, stands as a remarkable case in point due to its unique status as an "uncodified" constitution, which has progressively transformed into a liberal democratic system of government. This program of lectures provides a critical discussion of the ideas underpinning the constitution and of the institutional framework of the original Westminster model constitution. In addition to delineating the fundamental tenets of the constitution, the focus will be directed towards an examination of salient inquiries pertaining to the mechanisms of checks and balances and the efficacy of diverse forms of constitutional accountability. This examination will be supported by relevant legislation and case law. While reflecting on the historical origins of the constitution, which extend from the Magna Charta to the ideas of AV Dicey and Walter Bagehot, these lectures also address contemporary debates and the anticipated challenges that lie ahead. The third part, dedicated to the Italian Constitution (prof. Faraguna), enables a comparison between civil law and common law legal systems, offering a more comprehensive view of the institutional and constitutional pluralism that has emerged within the European Union. Furthermore, the Italian case is presented with references to the current political and legal debate, allowing the students to develop a more profound understanding of the country in which they are studying.
Reference Books
Textbooks
- Leyland P., The Constitution of the UK: A Contextual Analysis (4rd ed., Hart 2021). (second part)
- Cartabia M. and Lupo N., The Constitution of Italy, Hart, 1st ed., 2022 or Tega D., Piccirilli G., Ninatti S., Repetto G., Italian Constitutional Law in the European Context, Wolters Kluwer 2025 (third part)
- Selected readings on each topic of the first part of the course are uploaded to LUISS learn
Teaching Methods
In this inaugural year, the primary instructional approach employed is conventional lectures. Professor Menegus and Faraguna are responsible for delivering the lectures for the first and the third sections, while Professor Gordon oversees the second section. In order to stimulate discussion and active student participation, the instructor utilizes case studies and firsthand materials, including constitutional provisions, legislative texts, and judicial decisions. Two written tests are administered, with the first two sections of the course being evaluated. In the event of a substandard performance on either of these written tests, or in the event of failure or absence from one or both of these written tests, an oral examination is administered. This oral examination encompasses the entirety of the course material. The first mid-term examination consists of multiple-choice questions and open-ended questions derived from a legal text. The second mid-term examination consists of multiple-choice questions.
Assessment Method
Two written tests (for the first two sections) and an oral exam (for the third part and also for the whole content of the course in case of non-satisfactory result, failure or no-show in one or both written tests).
The first mid-term test consists in part of multiple-choice questions and in part of open-ended questions referred to a legal text.
The second mid-term test consists in multiple-choice questions.
Thesis assignment criteria
Minimum mark in the final exam (28)
Week 1
Introduction to the course
SECTION I: GENERAL PRINCIPLES OF PUBLIC LAW
Constitutions and Constitutionalism
Forms of State and Forms of Government
Week 2
Constitutive Elements of the State
Legal Norms
Constitutional Amendments
Week 3
Judicial review of legislation: the origins and the US Model
Judicial review of legislation: the European model
The debate on the Constitutional nature of the European Union
Week 4
Citizenship: Nationality, Subjecthood, Political Membership
Revision of the first section
Mid-term on the first part
Week 5
SECTION II: THE UK CONSTITUTION
Introduction: History and Context
Constitutional principles and sources of the law
Government and monarchy: evolution of prerogative powers and modern constitutional roles
Week 6
Parliamentary sovereignty
The right to vote, elections and referendums
Week 7
Legislative-executive relationships
Constitutional role of the courts
Week 8
Territorial governance in the United Kingdom: special focus on devolution
Revision of Second Section
Mid-term on the second part
Week 9
SECTION III: THE ITALIAN CONSTITUTION
Italian Constitutional History
Fundamental principles of the Italian Constitution
The People and the elections
Week 10
The Parliament: organization and functions
The President of the Republic
The Executive and the Administration
Week 11
The administrative system
Regions and local autonomies I
Regions and local autonomies II
Week 12
The Judiciary
The Constitutional Court I
Fundamental rights' protection