The course develops an analysis of Italian sources of law (state sources of law; European and international sources of law; regional and local sources of law); sources related to production and sources of production; interpretation of sources of law; conflicts and techniques of resolution.
Course Content - Part C
examination of constitutional justice and italian court's role
Course Content - Part D
The course develops an analysis of Italian form of government in a comparative and historical perspective and its sources of law and constitutional conventions and practices. The course especially develops the structure, formation, organizational principles and functions of the Government in the Italian Constitution and its relationship with Parliament and with the President of the Republic.
Program for attending students:
- students who have regularly attended the course will take the exam on the notes taken from the lessons and on any material indicated by the professors at the beginning of the course or produced by the students themselves
Program for non-attending students:
Maurizio Pedrazza Gorlero,Stefano Catalano
Le fonti dell'ordinamento repubblicano
Giuffrè, 2018
Students regularly attending classes will take the exam studying class notes, handouts.
Other students will take the exam studying S. Merlini, G. Tarli Barbieri, Il Governo parlamentare in Italia. Nuova edizione, Giappichelli, Torino, 2017.
Learning Objectives - Part B
Knowledge
Course has the purpose to approach students to the knowledge of the system of the sources of law, namely its origins and historical formation, the present developments and the most recent constitutional court case law.
Capability
Students need a basic practice in finding legal material (articles, legal texts, judiciary decisions) in the area of legal sources.
Competence
Critical understanding of the problems related to the discipline of the system of legal sources, to its evolutionary lines and to the different doctrinal and jurisprudential orientations
Learning Objectives - Part C
Knowledge of the fondamental fratures of italian system of consitutional justice. Possibility to exploit the italian consitutional court's judgment
Learning Objectives - Part D
Knowledge of the Italian parliamentary regime, namely its origins and historical formation, the present developments and the most recent projects of institutional reforms; critical analysis of relationship between Parliament, the Cabinet and the President of the Republic in comparative perspective.
Prerequisites - Part B
"Constitutional law (General)" and "Private law I" shall be already taken.
Prerequisites - Part D
"Constitutional law (General)" and "Private law I" shall be already taken.
Teaching Methods - Part B
Lectures
Teaching Methods - Part C
professor led class 48 total haurs : half common lessons and half seminar lessons
Teaching Methods - Part D
Class based teaching for an amount of 48 h. The comprehension of the link existing between theoretical knowledge and institutional dimension will be encouraged and made easier through the discussion of legal cases. Students are also invited to actively take part in the lesson solving issues drawn from texts they have previously been given.
Further information - Part B
None
Further information - Part D
Students wishing to attend are required to register for the course within two weeks of starting the course, by sending an email to the teacher.
Attendance will be verified by roll call during the lessons. Maximum three unjustified absences are allowed.
Type of Assessment - Part B
Final oral exam. The test will tend to verify the knowledge of the topics covered in the course and the student's ability to solve the issues related to the use of sources of law in the different branches of the legal system.
The evaluation will be positive if all questions will be treated exhaustively with reference also to the learning objectives.
The ability to set the legal issues submitted and that of critical reasoning on the study carried out with reference to the material available to the student will be evaluated. Particular attention will be paid to the quality of the exhibition and the competence in the use of the specialized lexicon.
The descriptive knowledge, more or less extensive but without critical analysis can determine a sufficient evaluation.
Type of Assessment - Part C
For students non attending class the final test will be made orally. For students attending class the test will be made with examination reports made in second part of course
Type of Assessment - Part D
The final test takes place through an oral examination designed to be a conclusive assessment of the knowledge acquired by students. Students will usually be asked to answer three questions, the first one focusing on general topics, the second and third one s focusing on more specific subjects which should be understood and explained having regard to the main concepts and principles discussed during classes. The quality of the language used by students will also be taken into account.
Course program - Part B
The course mainly covers the following subjects: -identification of sources of law; -legal consequences of identification of sources of law; -sources related to production and sources of production; -historical study of Italian sources of law; -the Italian Constitution as the founding source of Italian law; -conflicts and techniques of resolution: the criteria of hierarchy, chronology, competence and specialisation; -interpretation of sources of law; -Constitutional sources; constitutional amendment statutes; -European and international sources of law and their relationship with Italian sources of law; -primary sources (statutes; legislative decrees; law decrees; abrogative referendum; rules of constitutional bodies; decisions of the Constitutional Court declaring the act unconstitutional); -atypical sources; -secondary law sources; Government regulations and delegislation; -regional and local government sources of law; -customary law.
Course program - Part D
The course develops an analysis of Italian parliamentary regime in an historical perspective, its sources of law and constitutional conventions and practices. The course especially develops the structure, formation, organizational principles and functions of the Cabinet in the Italian Constitution and its relationship with Parliament and with the President of the Republic.
The course mainly covers the following subjects:
- classification of the forms of government;
- forms of government and models of democracy in a comparative perspective;
- forms of government and party system;
- sources of law concerning the forms of government: the influence of the constitutional conventions and practices;
- the Italian parliamentary regime in an historical perspective: the Statute of King Carlo Alberto;
- the end of liberal regime: the establishment of Fascist regime;
- the form of government in the Constitution of Italian Republic;
- Italian parliamentary regime (1948-1993);
- the development after 1993: the establishment of a new political system after the referendums concerning electoral laws;
- the parliamentary regime after 1993: the role of the Cabinet in Parliament and in the law making process; the relationship between Cabinet, Parliament and the President of the Republic;
- the latest developments: Italian form of government and European legal context;
- the perspective of institutional reforms.