Learning objectives
The course aims to provide students with a wide knowledge of Constitutional Law. At the end of the course students are expected to be able to: - understand the Italian form of government, even in its evolutionary tendencies; - understand the Italian "sources of law" system and the criteria for resolving inconsistencies between legal norms; - understand and resolve the problems that arise from the multilevel constitutionalism, with specific concern for the effects of the European Union norms in the Italian legal system; - know the rules that govern the Italian model of constitutional justice, developing a critical approach to the decisions of the Italian Constitutional court.
Prerequisites
No prerequisite for students enrolled in the first year from the academic 2014/2015. Students enrolled in the first year from previous years 2013/2014, in order to take the exam of Constitutional Law, must have passed the examinations of: Institutions of Private Law and Institutions of Roman Law.
Course unit content
The first part of the course will introduce to the class the fundamental notions of Constitutional Law. Particular attention will be paid to the concept of the "separation of powers" and the "protection of fundamental rights" through the development of the first modern constitutions of France and America. This section will also focus on the historic process that leads to the adoption of the Italian Constitution, pointing up the differences between our democracy and the fascist period. The second part of the course will present the various Forms of Government. At this stage, students will aquire a deep knowledge of the Italian constitutional organization. Afterwards, the class will focus on the "sources of law". Special attention will be placed on the idea of multilevel costitutionalism with specific regard to the integration of the European Union and the membership of the Council of Europe. The last part of the course will describe the rules governing the Italian constitutional justice system. In this section the study of fundamental rights and freedoms will be presentend. The special part of the Course will analyze the position of the human person in the Italian constitutional system.
Full programme
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Bibliography
For the general section: T. MARTINES, Diritto Costituzionale, Giuffrè, Milano, last ed. (Part I: Chapter 2, 4. Part II: chapter 1; 2; 3, 4, 5; 6. Part III: chapter 1 (only section I and section II); chapter 3 (except for Section VII))
or
R. BIN, G. PITRUZZELLA, Diritto costituzionale, Giappichelli, Torino, 2024 (I. LO STATO: NOZIONI INTRODUTTIVE; II. FORME DI STATO; III. L’UNIONE EUROPEA; IV. LA COSTITUZIONE; V. FORME DI GOVERNO; VI. L’ORGANIZZAZIONE COSTITUZIONALE IN ITALIA; VII. REGIONI E GOVERNO LOCALE; VIII. L’AMMINISTRAZIONE DELLA GIUSTIZIA; IXI. FONTI: NOZIONI GENERALI; X. LE FONTI DELL’ORDINAMENTO ITALIANO: STATO; XI. LE FONTI DELLE AUTONOMIE; XII. FONTI EUROPEE; XIII. GIUSTIZIA COSTITUZIONALE).
For the special section, the following book: N. OCCHIOCUPO, Liberazione e promozione umana nella Costituzione. Unità di valori nella pluralità di posizioni, Giuffrè, Milano, ult. ed.
For the purpose of consulting the legislation of constitutional public law, it is possible to refer to the following code of constitutional public law: Fundamental laws of public and constitutional law, edited by BASSANI MARIO; GABRIEL BOOTY; DELLA TORRE MASSIMILIANO; ITALY VITTORIO; RUGGERI GIANGIACOMO; ZUCCHETTI ALBERTO, Milan, Giuffrè, last. ed.
Teaching methods
The first part of the course will take place mainly through teacher-fronted lessons, favoring the dialogue and the interaction with the students and seminars with the participation of teachers from other universities and Italian and foreign experts.
The second part of the coruse will take place with the active participation of students in the analysis of legal texts, topics of constitutional relevance and case studies, through group work and workshops under the guidance of the teacher.
The course will be held in attendance.
Any additional didactic materials will be uploaded to Elly platform
Assessment methods and criteria
Students of the course will take an oral exam consisting of at least 3 questions to determine to what extent, on a scale from 0 to 30, the student is able to highlight the knowledge of the themes of the course. Evaluation will also focus on: - the ability to use appropriate technical juridical language; - knowledge of the topics of the course; - ability to discern important trends and the evolution of Constitutional law; - ability to link the various themes of the Course; - ability to critically examine the principal features of Constituional law. The sufficient threshold is considered to be achieved when the student has demonstrated knowledge and understanding of the institutes of the program and is able to implement the correct interactions among the various parts of the program. If this is not achieved, the exam will be considered inadequate.
Students attending the lessons of the course (at least 70% of the total 54 hours) can submit a topic of their choice during the oral exam.
Other information
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2030 agenda goals for sustainable development
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