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, the 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 (4rd ed., Hart 2021). (second part)
- Cartabia M. and Lupo N., The Constitution of Italy, Hart, 1st ed., 2022 (third part)
-Selected readings on each topic of the first part of the course are uploaded to LUISS learn
Metodologie Didattiche
Being a first year course, traditional lectures - held by professor Fasone for the first and the third sections, by professor Masterman for the second section - 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 (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 questions referred to a legal text.
The second mid-term test consists in multiple-choice questions.
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 part
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
1. Italian Constitutional History
2. Fundamental principles of the Italian Constitution
3. The People and the elections
Settimana 10
The Parliament: organization and functions
The President of the Republic
The Executive and the Administration
Settimana 11
The administrative system
Regions and local autonomies I
Regions and local autonomies II
Settimana 12
The Judiciary
The Constitutional Court I
Fundamental rights' protection