PUBLIC LAW
Obiettivi formativi
The course is designed both to provide
students with a basic knowledge and understanding of the main framework of the public law, also as a premise for the further legal courses that the students will attend in their subsequent career, and in order to realize the relevance of the legal dimension in the political systems. After a general introduction to some fundamental
concepts of the discipline, students
engage with two national constitutional
systems, one of civil law (the Italian
system) and one of common law (the UK
system), being asked to deal with first-
hand material and case-law, in order to
widen their practical knowledge of the
subject, too.
Risultati di apprendimento attesi
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
Contenuti Del Corso
The Course is divided into three sections.
The first section is devoted to an
illustration of the principles of
Constitutionalism and Public Law in the
modern era; the second and the third
sections are focused on two specific
constitutional experiences, the British and
the Italian cases, respectively.
The United Kingdom - which is addressed
by lectures held by professor Masterman
- is almost unique in having an
"uncodified" constitution which has
gradually evolved into 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.
As well as outlining the main contours of
the constitution and referring to relevant legislation and case law the focus will be
on examining key questions relating of
check and balances and to the
effectiveness of the various types of
constitutional accountability. While
glancing back to the historical roots of the
constitution, ranging from Magna Charta
to the ideas of AV Dicey and Walter
Bagehot, these lectures are also be
concerned with current debates and the
perceived challenges that lie ahead.
The third part, devoted to the Italian
Constitution, facilitates a comparison
between civil law and common law legal
orders, giving also a broader perspective
on the institutional and constitutional
pluralism reached within the European
Union. Moreover, the Italian case is
presented also with references to the
current political and legal debate, allowing
the students to reach a deeper
awareness of the country in which they
are studying.
Testi Di Riferimento
Textbooks
- Leyland P., The Constitution of the UK:
A Contextual Analysis (5th ed., Hart
2026). (second section)
- Cartabia M. and Lupo N., The Constitution of Italy, Hart, 1st ed., 2022 (third section)
-Selected readings on each topic of the
first section of the course are uploaded to
LUISS platform.
Metodologie Didattiche
Being a first year course, traditional
lectures are the main teaching method.
Some case studies and first hand materials (Constitutional provisions, legislative texts and judicial decisions) are used in class to trigger a discussion and
active participation of the students.
Modalità di verifica dell'apprendimento
Two written tests, both consisting in multiple-choice questions (for the first two sections) and an oral exam (for the third section and also for the whole content of the course in case of failure or no-show in one or both written tests).
Criteri per l’assegnazione dell’elaborato finale
Minimum mark in the final exam (28)
Settimana 1
Introduction to the course
SECTION I. GENERAL PRINCIPLES OF
PUBLIC LAW
Constitutions and Constitutionalism
Forms of State and Forms of Government
Settimana 2
Constitutive Elements of the State
Legal Norms
Constitutional Amendments
Settimana 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
Settimana 4
Citizenship: Nationality, Subjecthood, Political Membership
Revision of the first section
Mid-term on the first section
Settimana 5
SECOND SECTION: THE UK CONSTITUTION
Introduction: History and Context
Constitutional principles and sources of
the law
Settimana 6
The Monarchy: evolution of prerogative
powers and modern constitutional role
The right to vote, elections and
referendums
Settimana 7
Legislative-executive relationships
Constitutional role of the courts
Settimana 8
Territorial governance in the United Kingdom: special focus on devolution.
Revision of Second Section
Settimana 9
SECTION III: The Italian Constitution
Italian Constitutional History
Fundamental principles of the Italian
Constitution
The People and the elections
Settimana 10
The Parliament: organization and
functions
The President of the Republic
The Executive and the Public Administration
Settimana 11
The administrative system
Regions and local autonomies
The Judiciary
Settimana 12
The Constitutional Court
Fundamental rights' protection