00222 - Constitutional Law (R-Z)

Learning outcomes

In the system of law, constitutional law is assigned the task of rebuilding, especially through the study of the current Constitution, the fundamental principles that govern the operation of the institutional organization and the protection of the freedom of citizens. In this respect, the constitutional law also carries a preliminary function both with respect to the study of other disciplines related to the field of public law (administrative law, criminal law, procedural law, international law, European community law, regional, etc.), both with respect to the disciplines that find in the constitutional text their supporting lines and basic principles.

The overall educational objective is therefore to develop a proper knowledge of the rules around which revolves our constitutional framework, even in its "living" developments (both in terms of the evolution of the political system and in terms of interpretation by the courts) and in its relations with the European rules.

A further aim is the knowledge of the system of freedom and mechanisms preordered to the protection of spaces of autonomy of the citizen. It is in fact a field of learning in which the constitutional law fulfills a function key, whose assimilation proves indispensable for the formation of a jurist in our culture, even in the perspective of European integration and tension to unity of the fundamental rights system.

Course contents

Society, Rights and State: the characteristics of the legal phenomenon and constituent elements of the State, the fundamental principles that govern the state organization (separation of powers, etc..) - The system of sources of law, the notion of the Constitution - The report of law and juridical situations - The form of government in Italy: Parliament, the legislative power and the activity of political - Institutions of direct democracy: the referendum and the legislative direct initiative  - The executive power: government and public administration - The judiciary power: the breakdown between the various organs of the judicial function - The President of the Republic - The Constitutional Court - The freedoms: citizens rights and duties, negative freedom and positive freedom - The autonomy of social formations - The system of territorial autonomies: the regions, provinces and municipalities.

As part of the special part of the course, there will be deepened the issues relating to the European constitutional process and the European Constitution; the constitutional values ​​and principles of the European Union; the European citizenship; institutions of representative and participatory democracy; European integration in the ItalianConstitution; powers division between the European Union and the member States; the European form of state-regulations; institutional and organic structure of European Union; the Union "form of government"; sources of European law and relations with national sources; the guarantees system: the judiciary regulation and constitutional justice of the European Union: the multi-level protection of fundamental rights.

Readings/Bibliography

The basic text for the preparation of the general part of the exam is, alternatively, one of the following manuals:

A. BARBERA, C. FUSARO, Corso di diritto costituzionale, Bologna, il Mulino, 2014, entirely.

L. MEZZETTI, Diritto Costituzionale, Giuffré, Milano, 2014, entirely.

G. De VERGOTTINI, Diritto Costituzionale, Cedam, Padova, 2012, entirely.

 

The basic text for the preparation of the special part of the examination, the student's choice, one of the following volumes:

 

1) A. MORRONE, Il diritto costituzionale nella giurisprudenza, Padova, Cedam, V edizione, 2014, limited to 3 cases to one's choices for each chapter;

2) G. DE VERGOTTINI, Oltre il dialogo tra le Corti. Giudici, diritto straniero, comparazione, 2010, Il Mulino, entirely;

3) L. MEZZETTI (a cura di), Principi costituzionali, Giappichelli, Torino, 2011, limited to chapters: Origini e sviluppi del principio democratico nell'ordinamento costituzionale italiano; La dignità umana quale valore supercostituzionale; Il principio di uguaglianza; Il principio di unità ed indivisibilità della Repubblica e il principio autonomista; L'Italia in Europa: il diritto dell'Unione Europea e l'ordinamento italiano; I principi costituzionali in materia di giustizia; il principio di solidarietà;

4) R. NANIA (a cura di), L'evoluzione costituzionale delle libertà e dei diritti fondamentali, Giappichelli, 2012, entirely.

For the purposes of the preparation of the exam is recommended to consult an updated code of Constitutional Law [L. MEZZETTI - M. BELLETTI, Codice costituzionale, IV edizione, Giappichelli Editore, Torino, 2012].
 

Supplementary activities of Constitutional Law

Students who need to integrate from 3 to 4 credits required to prepare the following text:
- A. MORRONE, Il diritto costituzionale nella giurisprudenza, Padova, Cedam, V edizione, 2014, limited to 3 topics to one's choices for each chapter.

Students who need to integrate from 2 to 1 credits must prepare the following:
- A. MORRONE, Il diritto costituzionale nella giurisprudenza, Padova, Cedam, V edizione, 2014, limited to 3 topics to one's choices for each of the chapters 1, 3 and 5.

Assessment methods

Classes will be held in the first half and, therefore, those who get the attending students 2015/2016 will be able to take the exam in the month of January 2016.

The exam consists of a written test in the form of multiple choice test, the passing of which will condition the admission to the second round which will be held,subsequently, by an oral interview.

Registration for the first test (using the on-line procedures provided) also includes that for the second test.


Supplementary activities of Constitutional Law

The examination, to support the integration of educational credits, consist only in the oral test.

 

Thesis

The assignment of the thesis is based upon the enrollment and follow-up interview with the teacher.

In particular, for the assignment of the thesis is required to enroll in a special list, held by the assistant Dott.Federico Laus (federico.laus@unibo.it) .

To subscribe to the list must remain to pass no more than 3 exams.

The assignment of students entered in this thesis list is held collectively four times a year (usually in October, February / March, May and July).

On this occasion, will be offered a number of titles, but you can indicate your preference on the subject of the thesis project, subject to the final choice of the teacher.

The assignment of the thesis usually takes place according to chronological order , in compliance with the maximum expected from the chair , also noting the maturation of course attendance and confident expression of interest in the subject. Therefore, we recommend an advance in the application for registration .

Copy of the thesis must be handed to the teacher at least one month before the filing of the Student Secretariat.

Office hours

See the website of Carlo Bottari