The course provides students with a structured knowledge of fundamental rights in their legal and jurisprudential perspective (constitutional and legislative), starting from the historical origin to the current constitutional protection system.
While fostering critical thinking, the course offers an overview of different theoretical reconstructions concerning fundamental rights also in a comparative perspective and through European and international jurisdictions.
Course Content - Part B
Examination of constitutional justice and italian court's role, with regard to the incidenter proceeding.
ATTENDING STUDENTS
They will be able to take the exam on the notes, and on the materials distributed during the course (through MOODLE platform). It is recommended as a textbook: Paolo Caretti, Giovanni Tarli Barbieri, I diritti fondamentali: libertà e diritti sociali. IV ed., Torino, Giappichelli, 2017.
The study must be integrated with the examination of judgments handed down by the Italian Constitutional Court and European Courts. As a general rule, attending students are requested to find statutes, judgments and other sources of law indicated by the professors during the lectures.
NON-ATTENDING STUDENTS
For the preparation is essential the textbook: Paolo Caretti, Giovanni Tarli Barbieri, I diritti fondamentali: libertà e diritti sociali. IV ed., Torino, Giappichelli, 2017.
Students regularly attending classes will take the exam studying class notes, handouts.
Other students will take the exam studying E. Malfatti, S. Panizza, R. Romboli, Giustizia costituzionale, last edition
Learning Objectives - Part A
Knowledge related to the system of protection of fundamental rights, with regard to both the origin and historical evolution and the current structure, with reference to the rules and methods of Constitutional, European and International protection.
Ability to identify the main legal issues related to the protection of rights and to address the main constitutional aspects concerning the protection of freedoms.
Ability to search for relevant legislative, bibliographic and jurisprudential material and their use for the purpose of setting up legal problems.
Ability to adequately select the main interpretations of the reference legislation which give doctrine and jurisprudence, also with reference to the increasing complexity of sources of law as a result of European and international legislation.
Critical understanding of the main issues of the system of protection of fundamental rights, its evolution, its problematic aspects and the various doctrinal and jurisprudential orientations.
Learning Objectives - Part B
The course aims to provide students with:
- the knowledge and understanding of essential aspects of the Italian system of constitutional justice;
- the ability to critically elaborate on the main topics of the course;
- the ability to develop a research methodology;
- the ability to read and understand the constitutional jurisprudence;
- the ability to apply the constitutional principles analyzed in concrete cases.
Prerequisites - Part A
Constitutional law (General) and Private law I shall be already taken.
Prerequisites - Part B
Students must have passed these exams: constitutional law;private law.
Teaching Methods - Part A
Teaching takes place through:
a) face-to-face lectures;
b) case studies;
c) seminars and conferences.
The case studies will concern judgments and will take place with the teaching method of the debate and the flipped lecture and are aimed at familiarizing with:
- the fundamental principles of Italian Constitutional law;
- jurisprudential disputes on constitutional matters;
- apply constitutional principles to real cases.
Teaching Methods - Part B
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. In this activity, students will do a simulation of a Constitutional Court judgment.
Further information - Part A
Students wishing to attend must register on the platform MOODLE.
For the purpose of assigning the final thesis, optional exams are required: Advanced constitutional law; Regional law. A good knowledge of the English language is recommended. Priority will be given to students who have attended the course.
The presence of the students enrolled in the course during the lessons will be detected by collecting signatures and a roll call.
Further information - Part B
None
Type of Assessment - Part A
The exam will take place for all students, attending and non-attending, in oral form. For attending students, grades will be based on a combination of class participation and oral exam. For attending students, grades will be based on the ability of the candidate to demonstrate knowledge and critical understanding of the notions and information that can be acquired from the textbook, also considered in a historical context, with particular reference to legislation and caselaw.
The oral exam will consist of three questions: one on the history of fundamental rights; one on the general aspects of rights protection; one regarding the description of one liberty or right.
The evaluation will be expressed in thirtieths according to the following voting ranges:
-18/23: the student shows sufficient knowledge of the topics and does not make gross mistakes or has no serious shortcomings;
- 24-26: in addition to the above requirements, the student shows a good knowledge of the topics, organizes a good quality speech, demonstrates an adequate lexicon and linearly exposes the arguments.
- 27-30: in addition to the above requirements, the student answers brilliantly with critical ability, knows how to make connections and links between topics, demonstrates that he/she knows not only the constitutional principles of reference but also the most relevant constitutional jurisprudence.
Type of Assessment - Part B
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 A
The course aims at deepening the knowledge of fundamental rights, considered in their normative (constitutional and ordinary) regulation and in jurisprudential living law.
The first part of the course (GENERAL PART) concerns the framework of fundamental rights from a theoretical point of view, through the reconstruction of the various doctrinal positions on the subject and the different protection models also in a comparative perspective; analysis of the historical evolution of the models for the protection of fundamental rights, starting from the discipline of the Albertine Statute up to the Republican Constitution; the analysis of protection mechanisms (rigidity and constitutional law review, rule of law, judicial protection, with particular attention to the principle of equality and the jurisprudential techniques of balancing rights); the supranational dimension of protection, with particular reference to the system of the European Convention on Human Rights and Fundamental Freedoms and to the protection system provided for by the European Union.
The second part of the course (SPECIAL PART) will focus on the principle of formal and substantial equality also in the supranational dimension and on the main constitutional freedoms.
Course program - Part B
The following topics will be specifically examined:
a) the legitimacy to appeal to the italian constitutional Court; the relevance of the issues of the constitutional issues; thema decidendum, with attention to the relationship between the italian Constitutional Court and judges; b) the judgment before the Court: the procedure; the subjects of the process; the instructive powers; c) the typology of the Court's decisions; d) the effects of constitutional decisions; e) the active or principal proceeding about laws of the State or of the Regions; f) the constitutional conflicts; g) the judgment of admissibility of the abrogative referendum; h) the criminal judgment of the President of the Republic; i) Constitutional Court and European Court of Human Rights; j) Constitutional Court and Court of Justice of the European Union.