00534 - Principles of Public Law (F-N)

Learning outcomes

Objective of the course

The objective of the course is to provide students with the knowledge of the basic rules of the Italian institutional system, including the living aspects and the most recent developments, also from a political and constitutional standpoint.

So the course aims to provide students with

1.the capacity and the means to analyze and understand the organization of the State from the sources of law to Constitutional jurisdiction;

2.the capacity to deal with the principles of the constitutional system;

3.the capacity to understand the meaning of the institutional changes and their consequences.

Knowledge and skills expected

Knowledge that should be achieved in this course is about the regulation of Italian constitutional system, focusing especially on the sources of law and the form of State and government, the evolution of rights and Constitutional case law as the center of the system.

Course contents

NEW TEACHING MODEL ADOPTED TO FULFILL COVID-19 SAFETY MEASURES.

Model “Y”

The course is organized in lectures and seminars, as detailed in the following program. Lectures (20 hours at the beginning and 8 hours at the end of the course, provided in remote via MS TEAMS) aim to introduce students to the core tenets of the discipline. Seminars aim to provide occasions for in-depth discussions of class materials and Constitutional case-law. The division into lessons and seminars is specified in the program that follows. For the seminar section, students will be divided into three groups according to their preferences and according to rules concerning the current pandemic emergency: two groupswill do the seminar in classroom (14-16 hours) and one group will do the seminar remotely on MS TEAMS (16 hours). Therefore, a total of 42-44 hours is scheduled for each student. Students are required to an active participation to classes. Regardless of the health-related conditions and the specific organization of the course, students will be able to follow the lessons of the entire course remotely on MS TEAMS.

 

 

 

Learning outcomes

At the end of the course students will know the basic principles underlying the Italian institutional system, including its living aspects and its most recent developments, both from a political and constitutional point of view.

The course aims to provide students with full knowledge of:

1. State and the law, Italian Constitution, relationship between International and Supranational legal orders and the Italian system, domestic sources of law, fundamental rights, organization of the State’s powers, and Constitutional Justice;

2. Principles governing the Italian Constitutional system;

3. The meaning of institutional changes and their consequences;

4. Legal methodology to understand not only the existing laws but also duties citizens are required to observe in a democratic order;

Students will also be able to analyze from a legal point of view main political events, particularly in their national, regional and local dimensions.

Course contents

In our course we will explore the following topics:

Legal order and Constitutional Law:

- Meanings and aims of the law

- Judicial systems and legal framework

- The State and its components: people, territory, government

- Forms of State and their historical evolution

- Contemporary states

- Forms of government: parliamentary, presidential, directorial

- Beyond the State: Supranational and International legal systems.

- Sources of law

- The concept of source of law

- The system of law sources

- Features of the laws: invalidity, cancellation and abrogation

- “Production” and “cognizance” sources of law

- Resolution of antinomies between sources: chronological, hierarchical and competence criteria. Interpretation.

- Constitutional level: The concept of Constitution and the Italian Constitution

- Ordinary laws and the Parliament

- Decree law and Legislative decree

- Abrogative referendum as a source of law

- The new arrangement of regional sources of law

- The problem of internal Regulations of Constitutional Authorities

- Secondary sources

- Regulation and the Government

- Local secondary sources of law

- Factual Sources

- International and E.U. Sources

- Rights and freedoms:

- Fundamental rights in the Italian Constitution

- The Guarantees provided to rights

- The principle of Equality and other fundamental principles

- Individual freedoms

- Collective freedoms

- Social rights

- Economic freedoms

- Constitutional duties

- Rights in European perspective

- Monographic part on rights (Percorsi di Eguaglianza).

- The Parliament

- Members and organs of the Chambers

- Legislative functions: ordinary, peripheral, mixed

- The Parliament and European laws

- The instruments of direct democracy

- Abrogative referendum

- Petition to Chambers

- Popular law initiative

- Government and Administration

- The formation of Government

- Confidence and no confidence, government crisis

- Individual no confidence

- The President of the Republic and its powers and acts

- The principles of Public Administration

- Local governments

- Judicial power

- Constitutional Justice

 

Readings/Bibliography

Readings/Bibliography

 

T. Groppi - A. Simoncini, Introduzione allo studio del diritto pubblico e delle sue fonti, Torino Giappichelli, 2020

O IN ALTERNATIVA

 A. Barbera- C. Fusaro, Corso di Diritto Pubblico, Bologna, Il Mulino, last. ed

Students are required to study entirely the books recommended. The Constitution is asked to be studied, too.

The same programme (and same books) applies both to oral and written exams, and both to attending and non-attending students.

 

 

Teaching methods

NEW TEACHING MODEL ADOPTED TO FULFILL COVID-19 SAFETY MEASURES.

Model “Y”

The course is organized in lectures and seminars, as detailed in the following program. Lectures (20 hours at the beginning and 8 hours at the end of the course, provided in remote via MS TEAMS) aim to introduce students to the core tenets of the discipline. Seminars aim to provide occasions for in-depth discussions of class materials and Constitutional case-law. The division into lessons and seminars is specified in the program that follows. For the seminar section, students will be divided into three groups according to their preferences and according to rules concerning the current pandemic emergency: two groupswill do the seminar in classroom (14-16 hours) and one group will do the seminar remotely on MS TEAMS (16 hours). Therefore, a total of 42-44 hours is scheduled for each student. Students are required to an active participation to classes. Regardless of the health-related conditions and the specific organization of the course, students will be able to follow the lessons of the entire course remotely on MS TEAMS.

 

Teaching methods

The course will be divided into two parts. The first part will be dedicated to a general introduction on the fundamentals of Public Law, especially Constitutional principles and the sources of law (national, regional and those deriving from the European Union). It follows the study of form of State and form of government as defined in the Constitution; their praxis and evolution will be taken into consideration, too. Another fundamental part of the programme is about rights and freedoms (with a special focus on the principle of Equality). Freedoms are strictly linked to judiciary system and constitutional justice, which represents an instrument of protection for the whole constitutional organization.

The program will be covered during the course and will be completed with Seminars on specific topics.

Assessment methods

The exam of Public Law can be passed in two ways:

1) By passing two written tests (set of quizzes and open questions).

The first test will take place approximately halfway during the period of lessons; the second test will be held after the end of lessons. Dates of the tests will be decided by the teacher, with no chance to do them in another date; dates will be communicated one week before each test. No enrollment will be needed: students will only have to show up on the date and at the time set by the teacher.

Passing the first written test is mandatory to undergo the second one!

The exam will be passed by obtaining a positive result in both tests. The final score will be calculated as a mean of the two partial scores.

In order to get official reporting of the final score, students must sign up for one of the oral exam sessions by following the procedure on Almaesami and show up to obtain teacher’s signature. Oral sessions start approximately 10-15 days after the end of lessons. Should a student refuse the score resulting from the mean of the two partial scores, he/she will have to undergo a full oral examination. Expiry date of written tests results is that of the following January-February oral session.

2) By passing an entirely oral examination.

Students may choose to attend lessons without undergoing written tests: in this case, the exam will be oral. You need to sign up to oral examination following Almaesami procedure; sessions will begin after the end of lessons.

Please notice that students who do not pass the first written test cannot access the second one: therefore, they must undergo a complete oral examination.

The same programme (and same textbooks) applies to both oral and written exams, and both to attending and non-attending students.

Teaching tools

During the classes the teacher will use:

overhead projector;

Power point.

Office hours

See the website of Francesca Rescigno

See the website of Giorgia Pavani

See the website of Federico Laus