CONSTITUTIONAL LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- GIUDITTA BRUNELLI
- Credits
- 9
- Didactic period
- Primo Semestre
- SSD
- IUS/08
Training objectives
- Understanding of the structure of rules. In-depth knowledge of the Italian system of legal sources also in relation to the EC sources. Comprehension of the fundamental mechanisms of the Italian system of government in the light of the competences of the constitutional bodies and the voting system. Full knowledge of the Italian judicial review of laws with particular reference to the decision techniques of the Court, the substantial regulation and the system of protection of the fundamental freedoms
Prerequisites
- Good knowledge of the Italian language. Adequate logical/reasoning skills and critical sense. Usual reading of daily press.
Course programme
- The course aims at introducing the basics of Constitutional Law (sources of law, State constitutional organization, constitutional justice, individual freedoms).
Basic notions: The laws. The legal system. Forms of State and systems of government. The Constitution [tot. 10 h].
The system of legal sources: The source of the law. The relationship among the sources. Interpretation. The Italian system of sources [tot. 15 h].
The State constitutional organization: Parliament. Government. The President of the Republic. Analysis of the relationship among the three bodies in the light of their respective functions and the voting system [tot. 15 h].
Constitutional justice: judicial review of laws. Nature and models. The ways of introducing the trial (interlocutory and direct ones). Verifiable acts. Procedural aspects and the techniques of judgement. Conflicts of attribution among State powers. Conflicts between State and Regions and among Regions. The judgment of acceptability of referendums. Constitutional criminal justice [tot 10 h].
Rights of freedom: the legal system of protection. The constitutional regulation of single rights of freedom [tot. 10 h]. Didactic methods
- As part of the lessons the different institutions of constitutional law will be fully illustrated. The focus will be also on some of the key problems of the constitutional topic.
We will be also studying constantly the Constitution and other legal sources relevant to the constitutional matter.
We will, in conclusion, be reading some passages of the constitutional judgments. Learning assessment procedures
- The exam consists of an oral exam, verifying at least three of the themes which have been presented during the course. The questions will have a gradual complexity. As part of the final test on the examination program, institutional knowledge and in-depth understanding and criticism of the institutions will be evaluated. For the exam preparation it is essential to start from the analysis of the sources of law, all of which have to be accompanied by a careful study of the textbook.
Reference texts
- For attending students:
L. CARLASSARE, Conversazioni sulla Costituzione, IV ed., Padova, Cedam-Wolters Kluver, 2020
For not attending students:
A. BARBERA-C. FUSARO, Corso di Diritto costituzionale, Bologna, il Mulino, latest edition, EXCLUDING CHAPTERS:
III (L'ordinamento internazionale);
IV (L'ordinamento dell'Unione Europea);
XV (Le pubbliche amministrazioni);
XVI (Il sistema giudiziario);
XVII (L'ordinamento italiano e la sua evoluzione)
