Learning objectives
The course will analyze the functions and the role of the constitutional
Court
Prerequisites
In order to have access to the examination it is necessary to have old the
examinations of Institutions of private law and Institutions of roman law
Course unit content
The judicial review of the laws: a supreme principle of the
constitutionalism. The ConstitutionalCourt in Italy: the debate in the
Constituent Assembly; the structure of the Court; the functions of the
Court; the access to the constitutional court(the recourse of the State
against the regional laws; the recourse of the Regions against the laws of
the State and other Regions); the conflicts amongs powers of the State,
and between State and RegionsE regions; the judgments on the
accusations to the President of the Republic; the judgments of
admissibility of the referendum; other functions of the Court; nature and
role of the Court; the relationships with otherCourts, internal, European
and international.
Bibliography
T. MARTINES, Diritto Costituzionale, Chapter VI - The constitutional court -
Milano, Giuffrè, ultima edizione;
- N. OCCHIOCUPO, Costituzione e Corte costituzionale. Percorsi di
un rapporto “genetico” dinamico e indissolubile, Milano, Giuffrè, 2010
For the part concerning the judgments of the constitutional Court the
student has to analyze four sentences of the constitutional Court, chosen
among those emanated during the last few years:
- one, regarding judgment of constitutionality of laws in the incident way
with the act that introduces the judgment;
-one, regarding a direct recourse on the constitutionality of the law;
-one, regarding a conflict among powers of the State, or State
andRegions or Regions;
-one, regarding the judgment of the admissibility ofthe referendum.
In order to search these decisions it can be usefull the consultation of
specialistic magazines (Giurisprudenza costituzionale, Le Regioni, Foro
italiano, Giurisprudenza italiana, ecc.) and the Official Gazette of the
Italian republic I special series (Constitutional Court)
Teaching methods
The course will be carried out through lessons and seminars
Assessment methods and criteria
The modality of verification consists in an examination that will concern
on constitutional law I and II at the end of the cours of the second year
