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.
P. Caretti, U. De Siervo, Diritto costituzionale e pubblico, Giappichelli, Torino, ultima edizione.
The study of the course subjects presupposes, beyond the above mentioned manuals, the reading of the Constitution and of the laws illustrated in the manual, that can be found in www.normattiva.it.
Learning Objectives
Understanding
Understanding of the sources and development of the forms of State and of Government Structure and functions of the Constitutional Bodies and of public administration; central and peripheral, regional and local. Autonomous territorial authorities (Regions, Cities, Provinces and Councils). The Judiciary. The rights of freedom and its protection. Relationships with the European Community Law
Skills
The ability to research normative, bibliographical and case law material, pertinent and useful with regard to solving legal issues The ability to confront the principal issues that emerge at a Public-Constitutional level, starting from a correct identification of the relevant regulations.. The ability to hold and adequately select the principal meaning of such regulations as interpreted by scholars and in the case law, taking into consideration the increase in complexity of the legal sources following Community regulations.
Competences
Sesitivity towards the role that the Constitutional view point puts forward not only in the capacity of a fundamental discipline (contingent to nearly all the other exams) , but also as a useful instrument for the interpretation of Law especially with reference to the fundamental freedoms. Understanding of the constitutional values to be found in the 1948 Charter and of its lasting importance with respect to the Italian Republic; awareness of the incidence of the adjustments (in particular "fair trail" and the new Fifth Chapter of the Constitution) and understanding of the complex system of connection between the Powers of the State themselves and the higher levels of Authority in the European Union. Understanding of the importance of the recognition of Constitutional control and, more in general, of the role of the Judiciary in a civil law environment.
Prerequisites
None
Teaching Methods
Frontal teaching lessons: total 72 hours (including exercises).
Further information
None
Type of Assessment
During the course, the teacher will use innovative forms of teaching in order to monitor the progress of learning.
Non-attending students
For non-attending students, the exam includes a written test consisting of two open-ended questions, lasting one hour. The correction will proceed immediately and the oral exam will begin. The final mark will take account of the evaluation of the written test. The oral exam cannot be taken in the event of a negative written result.
Attending students
Attending students will be given the opportunity to carry out intermediate tests, concerning the parts of the program already covered during the lessons. They will take place in writing, and will consist of two open-ended questions, which must be answered in an hour. In case of a positive outcome of the intermediate tests, pursuant to art. 15, sixth paragraph, of the Didactic Regulations of the Degree Course, these parts of the program can be deducted from the final exam, it being understood that, in the final exam, knowledge of the relevant basics will be required. In case of negative outcome of the intermediate tests, the relative parts of the program will in any case be subject to the final oral test.
For students who have successfully passed the intermediate written test, the exam includes the oral test only.
The evaluation will be positive if the topics covered by the questions (written and oral) will be treated exhaustively with particular reference to the educational objectives of the course. In particular, 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 assessed. In addition, particular attention will be paid to the quality of the exhibition and to the competence in the use of specialized vocabulary.
Course program
The course will revolve around the following subjects:
- the basic notions of law, with particular references to the sources;
- the evolution of the forms of State and of the forms of Government in Italy from the "Statuto Albertino" to the Republican 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 peripheral to the State, both Regional and local)
- the structure and the functions of the territorial autonomous bodies (Regions, Cities, Provincies and Councils);
- the structure and functions of the Judiciary;
- the right sto freedoms and their instruments of protection;
- relationships with the EU.