0055021 - CONSTITUTIONAL LAW (SPECIAL)

Italian

Italian

The course provides students with a structured knowledge of fundamental rights in their legal and jurisprudential perspective, 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, through European and international jurisdictions. The effects of the technological evolution will be also explored.

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: P. Caretti, G. Tarli Barbieri, I diritti fondamentali: libertà e diritti sociali, Torino, Giappichelli, (last edition).
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.

In addition, for the special part: A. Cardone, “Decisione algoritmica” vs decisione politica. A.I., Legge, Democrazia, Editoriale Scientifica, Napoli, 2021.

NON-ATTENDING STUDENTS
For the preparation is essential the textbook: Paolo Caretti, Giovanni Tarli Barbieri, I diritti fondamentali: libertà e diritti sociali, Torino, Giappichelli, (last edition).
In addition, for the special part: A. Cardone, “Decisione algoritmica” vs decisione politica. A.I., Legge, Democrazia, Editoriale Scientifica, Napoli, 2021.

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.

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 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.
Critical understanding of the main issues of the impact of technological innovation on fundamental rights and freedoms.

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.

Constitutional law (General) and Private law shall be already taken.

Students must have passed these exams: constitutional law;private law.

Teaching takes place through:
a) face-to-face lectures;
b) case studies;
c) seminars and conferences.
The case studies will concern judgments and may 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.

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.

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.

None

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 todemonstrate 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 and theory of fundamental rights; one regarding the description of one liberty or right and the general aspects of rights protection; one on the topics covered in the final part of the course (special part).
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 alsothe most relevant constitutional jurisprudence.
So the assessment will allow to pass the exam if the answers are fully sufficient and no gross errors or gaps emerge. The evaluation will be excellent if the answers are exhaustive also with reference to the relevant constitutional principles and relevant jurisprudence. The following profiles will also be taken into consideration: ability to discursively organize knowledge, critical reasoning skills, quality of exposure, competence in the use of specialist vocabulary, effectiveness and linearity of exposure. Descriptive knowledge, more or less extensive, but without critical analysis can only determine a sufficient evaluation.

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.

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 final part of the course (special part) will focus on political freedoms and freedom of expression in the context od technological development, with particular regard to the effects on the form of state.

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.

This teaching contributes to the realization of the UN objectives of the 2030 Agenda for Sustainable Development