Knowledge of the fundamental features of the Italian Constitutional system, with special reference to: The sources of law; The evolution of the forms of State and Government; The structure and functions of the Constitutional Bodies; The various forms of territorial autonomy recognized by the Italian Constitution; The Judiciary and the protection of Fundamental Rights; The relationship between National and EU law.
Course Content - Last names A-D
Knowledge of the of the Italian constitutional system, with particular regard to the sources of law, development of state and government, constitutional review and constitutional judgment, the structure and functions of the constitutional bodies, territorial autonomies and national law. Particular attention will be paid to constitutional guarantees, judicial power and the protection of fundamental rights.
One of the following, to be chosen by the student:
- P. BARILE, E. CHELI, S. GRASSI, Istituzioni di diritto pubblico, Cedam, Padova, latest edition;
- P. CARETTI, U. DE SIERVO, Diritto costituzionale e pubblico, Giappichelli, Torino, latest edition.
- A. BARBERA, C. FUSARO, Corso di diritto costituzionale, Il Mulino, Bologna, latest edition.
The subject requires, in addition to the text book chosen, the study of the Constitution and of the laws indicated in the text book, which can be found on the internet (through Normattiva and the other links that will be indicated by the professor) or in one of this code:
- M. BASSANI, V. ITALIA e altri, Leggi fondamentali del diritto pubblico e costituzionale, Milano, latest Edition;
- M. AINIS – T. MARTINES, Piccolo codice costituzionale, Laterza, Roma-Bari, latest edition.
P.Caretti, U. De Siervo, Diritto costituzionale e pubblico, Giappichelli, Torino, ultima edizione.
L'apprendimento della materia presuppone, oltre allo studio del manuale, la lettura della Costituzione e delle leggi più significative illustrate dal manuale.
Learning Objectives
Knowledge
Knowledge of sources of law and the development of forms of state and government, structure and functions of the constitutional institutions and public administration: central and local, regional and municipal. Knowledge of the judiciary, the territorial autonomies (Regions, Provinces and Municipalities), the rights of freedom and their instruments of protection, the relationship with the EU.
Capacity
Ability of research in the regulatory material, in litterature and in relevant case law and use of that material for legal problems solving. Ability to address key issues that emerge in the public-constitutional area, starting from the correct analysis of the relevant legislation.
Ability to valuate and properly select the main interpretations of such legislation offered by doctrine and case law, also with regard to the increasing complexity of the sources of law as a result of the European Union legislation.
Skills
Sensitivity to the role that the constitutional perspective plays not only as a fundamental subject (which is required for almost all other exams), but also as a necessary tool for the interpretation of the law, especially with regard to fundamental freedoms and to guarantee human rights.
Sensitivity to the constitutional values of the Charter of 1948 and their enduring character founding of our Republic; awareness of the impact of constitutional amendments already in force, and sensitivity to the complex relation between powers of the National State and of the European Union. Awareness of the importance of the constitutional review of legislation and, more generally, of the role of the judiciary in a civil law law system.
Learning Objectives - Last names A-D
Knowledge: Knowledge of the sources of Italian law and development of government; constitutional review and revision; structure and functions of constitutional bodies and public administration: central, regional and local; judicial power; the territorial autonomies; the fundamental rights and their instruments of protection; relationship with the European Union system.
Capacity: Ability to address the main issues of the public-constitutional level, starting from a correct identification of the relevant legislation.
Skills: Sensibility for the role that the constitutional perspective plays not only as a fundamental disciplinary dimension but also as a necessary instrument for the interpretation, especially with reference to fundamental freedoms and the guarantee of the rights of persons. Sensitivity to the constitutional values of the 1948 Charter and their enduring character of our Republic. Awareness of the importance of the control of constitutionality and, more generally, of the role of judicial power in a civil law system. Development of an indipendent judgment and ability to apply the acquired knowledge.
Prerequisites
None
Prerequisites - Last names A-D
None
Teaching Methods
The course is characterized by lectures, seminars, conferences.
Workshops: the exercises on subjects studied in the lessons are an integral part of the course, in ways and in times scales that will be defined at the beginning of the course, using decisions, acts of Parliament, Presidential decrees, act of government and other documentation.
Teaching Methods - Last names A-D
Teaching through lectures, exercises and conferences.
Further information
Students wishing to attend are required to register for the course through the Moodle platform.
Further information - Last names A-D
None
Type of Assessment
For all students, attending and non-attending the course, the exams will be held only in oral.
Exams.
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 language.
The descriptive knowledge, more or less extensive but without critical analysis (e.g. through the knowledge of the most relevant judgments of the Constitutional Court and their effects) can determine a sufficient evaluation.
Type of Assessment - Last names A-D
During the course the teacher will use innovative forms of teaching in order to control the progress of learning.
Profit exam: The exam can include an intermediate written exam. However, the profit check will include an oral exam.
Course program
The course will revolve around the following subjects:
the basic notions of law, with particular references to the sources of law;
the evolution of the forms of State and of the forms of Government in Italy from the "Statuto Albertino" to the Constitution;
- the structure and functions of Constitutional Bodies (the Constituency, the Parliament, the Government, the President of the Republic, the Constitutional Court) and of other bodies with a Constitutional relevance;
- the structure and the functions of public administrations (both central and local of the State, Regional and local)
- the structure and functions of the Judiciary (with reference to both ordinary and administrative judges);
- the structure and the functions of the territorial autonomous bodies (Regions, Provincies and Municipalities);
- the right of freedoms and their instruments of protection;
- relationships with the EU and ECHR systems.
Course program - Last names A-D
The course will essentially cover the following topics: the basic notions of law, with particular reference to sources of Italian and European Union law; the evolution of the form of state and government in Italy from the Albertine Statute to the Republican Constitution; constitutional review; the structure and functions of the constitutional bodies (electoral body, Parliament, Government, President of the Republic, Constitutional Court) and of constitutional relief bodies; the structure and functions of the Public Administration (both central and peripherical of the State, regional and local); the structure and functions of judicial power (with reference to ordinary and administrative justice); the structure and functions of the system of territorial autonomies; the fundamental rights and their instruments of protection; relationship with the European Union system. Particular attention will be given to the issues of constitutional guarantees, judicial power, fundamental rights.