PUBLIC LAW

PUBLIC LAW

Nicola Lupo, PETER JONATHAN LEYLAND

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