Analysis and study of the sources of law starting from the model outlined by the Constitution and the consequent relationship between the system of sources of law and the evolution of the form of government.
A. Cardone, Sistema delle fonti e forma di governo. La produzione normativa della Repubblica tra modello costituzionale, trasformazioni e riforme (1948-2023), Il Mulino, Bologna, 2023 (forthcoming).
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
Prerequisites - Part B
"Constitutional law (General)" and "Private law I" shall be already taken.
Teaching Methods - Part B
Lectures.
Further information - Part B
Students wishing to attend must register on the platform MOODLE.
Type of Assessment - Part B
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.
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.
Course program - Part B
What are the causes and what does the proclaimed 'degeneration' of the system of sources consist of? What effects have the economic crisis, the pandemic and the war in Ukraine had on the legal production mechanisms of our legal system over the last 15 years? How can we distinguish the structural from the conjunctural aspects of the 'torsion' of the system of sources?
The Course rereads the constitutional model of law production and its evolutions in the 75-year history of the Republic, relating it to the parallel transformations of the parliamentary form of government and the influences that the party-political system has expressed on both. The 'parallel' analysis of the system of sources and the form of government traverses, in particular, the seasons of constitutional non-implementation, of the great economic-social reforms of the 1970s, of the partyocracy, of the majoritarian and of the 'three poles', reconstructing first the progressive enforcement, success and crisis of the logic of functioning of the assembly and compromise type that marked the constitutional system of sources and the form of government in the period 1948-1992, then the subsequent attempt to 'cure' its ills through the unsuccessful transition to the different majoritarian and competitive approach that governed the twenty-year period 1993-2011, and finally the 'long crisis' that began in 2012 and is still fully in place, as the analysis of the practice on the subject of the sources of law demonstrates in a paradigmatic manner.
In the final part of the Course, the conclusions drawn from the historical-reconstructive horizon are subjugated to the elaboration of some theoretical and practical proposals functional to a methodologically correct and pragmatically useful approach to the theme of possible reforms of the system of sources.
Sustainable Development Goals 2030 - Part B
This teaching contributes to the realization of the UN objectives of the 2030 Agenda for Sustainable Development