Learning objectives
a. Knowledge and understanding: at the end of the course students should have a thorough knowledge of public law, in particular they should know the Italian “sources of law”, the Italian Constitution, fundamental rights and freedoms, the State theory, the functioning of public institutions and the basic principles of administrative law.
b. Ability to apply knowledge and understanding: at the end of the course, students should be able to apply knowledge and consequently understand, from a legal point of view, the issues and topics of public law even in practice.
c. Autonomy of judgment: at the end of the course, students should have acquired the ability to consciously and autonomously understand legal topics and issues related to public law.
d. Communication skills: at the end of the course, students should be able to communicate information, knowledge and ideas related to public law to other people and experts.
e. Ability to learn: at the end of the course, students should have acquired the learning skills needed to undertake further studies with a high level of autonomy.
Prerequisites
No prerequisites are required.
Course unit content
The course aims to illustrate the main topics of Italian public law. In particular, the course aims to illustrate the Italian Constitution, the fundamental rights and freedoms, the organisation of the Republic, regions and territorial entities, the Constitutional Court and the principles of Italian administrative law.
Full programme
1 - Fundamental concepts.
The juridical phenomenology. The legal system. The fields of law. Public and private law. The legal norm. The legal situations. The State and its characteristics. Citizenship. Territory. Sovereignty. The powers and functions of the State. The forms of State and the forms of government. Notion of democracy. Electoral systems. Political parties. The Constitution. Characteristics of the Constitution. The history of the Constitution. The structure of the Constitution.
2 - The international order.
The international community. Relations between the international and Italian legal systems. General principles, jus cogens and international rules. International conventions. International organizations. United Nations. The Council of Europe. The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). The European Union. History of the European Union. The institutions of the European Union. The rules of the law of the European Union.
3 - The sources of law.
The “sources of law”. The primary level. State law. The legislative process (iter legis). Other rules that have the force of law. The referendum. The rules of constitutional bodies. The rules of the regions. The regional laws. The division of powers. The secondary level. Regulations of the Government. Custom. The constitutional principles. The rules of the European Convention on Human Rights. The rules of the European Union.
4 - Fundamental rights and freedoms.
Fundamental human rights. Rights and freedoms. Social, political and economic rights. The principle of equality.
5 – The organization of the Republic.
Parliament. The organization of Parliament. The functioning of Parliament. The Parliamentarian. The Government. The Council of Ministers (cabinet). The president of the Council of Ministers. The Ministers. The organization of the Ministries. The functions of the Government. The President of the Republic. The election of the President of the Republic. The functions of the President of the Republic. The judicial power. The judiciary. The Superior Council of the Judiciary.
6 - The regions and territorial entities.
Regions. Local authorities and entities.
7 - The Constitutional Court.
The Constitutional Court. The composition and the functions of the Court. The judgment on the constitutionality of laws. The effects of the Court's judgments. The judgment on referendum. The judgment on conflicts between the powers of the State. The judgment on charges against the President of the Republic.
8 - Public administration and administrative law.
Administrative law and public administration. Administrative power. The administrative procedure. The administrative act and the administrative provision. The administrative organization.
Bibliography
A. Barbera, C. Fusaro, Corso di diritto pubblico, Bologna, Il Mulino, 2022.
Didactic material available on Elly platform.
Teaching methods
Lectures, with possible in-depth seminars and exercises.
Legal terminology is explained during the course.
Lectures will be held on-site in compliance with safety standards, provided that further instructions on the ongoing health emergency are not implemented.
Supporting material will be available on the student-reserved platform (Elly).
Assessment methods and criteria
Written exam consisting of multiple-choice quizzes, aimed at evaluating knowledge, skills and abilities acquired during the course. The written exam concerns all modules of the course.
Other information
Nothing.
