00534 - Principle of Public Law

Learning outcomes

Objective of the course

The objective of the course is to provide students with:

1. a deep knowledge of the bases of our constitutional system and of the recent changes;

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

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

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

The subject and the knowledge to achieve of this course is the regulation of Italian constitutional system, focusing especially on the sources of law and the form of State and government, and Constitutional Jurisprudence.

Course contents

Program/contents

I PART

- Introduction to law

- Form of State

- Form of government

- European Union

- Italian Constitution History

- Difference between liberal Consititution and pluralist Constitution

- The President of the Republic and its powers and acts

- The executive power: the government and its features

- Legislative power: the structure of the Parliament. Legislative function and supervisory function

- The instruments of direct democracy

- Political Parties

- Electoral system 

 

II PART

- The sources of the law

- Constitutional sources

- The concept of Constitution: the Italian Constitution

- Ordinary laws and sources of the same level 

- The news structure of regional sources

- Internal regulation of the institutions

- Secondary sources

- Unwritten law

- International sources and European Union's sources

- Fundamental italian Conctitution principles

- Constitutional Court and its competences

- The freedoms and rights

- Auxiliary organs

- The judicial power

- Regional and Local government

- Public Administration

Readings/Bibliography

Students have to study:

FABRIZIO POLITI, Diritto Pubblico, Giappichelli, Torino, last edition.

Teaching methods

The course is organized in presence for all the 60 hours. The Professor will always be present in the classroom.

The number of students allowed in class is determined on the basis of class capacity and by the health and safety provisions that deal with the pandemic emergency.

The course will be divided into three parts about the basements of Public Law, the study of form of State and form of government, the study of Constitutional bodies, the sistem of sources, the rule of law, the rights and freedoms, Constitutional jurisdiction in Italy and Territorial entities

The program will be dealt with entirely during the course.

Assessment methods

The exam for students will consist in one written mid-term exam and an end of term oral exam about the part of the course not covered by the written examinations.

The oral exam will be about the part not covered by the written test ONLY if the evaluation of these was sufficient.

Students who don't get a sufficient evaluation in written tests will have to pass an oral examination about the whole program, or the residual program.

The validity of the written test will be one academic year (until january).

Teaching tools

The Constitution of Italian Republic

Constitutional and ordinary law

Case law, of Constitutional Court, of European Court of Giustice and European Court of Human Rights, taken by istitutionally websites.

It may be useful for the student to visit the main websites of the constitutional bodies or supranational organizations:

Parliament: https://www.parlamento.it/home

Government: https://www.governo.it/

Repubblic President: https://www.quirinale.it/

Constitutional Court: https://www.cortecostituzionale.it/default.do

CSM: https://www.csm.it/

Regions: http://www.regioni.it/

European Union: https://europa.eu/european-union/index_it

UE Justice Court: https://europa.eu/european-union/about-eu/institutions-bodies/court-justice_it

European Council: https://www.coe.int/it/

Office hours

See the website of Olivia Pini