00534 - Principles of Public Law (O-Z)

Learning outcomes

The course aims to provide students with a range of knowledge and tools, both in terms of notions and methodology. At the end of the course, students will: - know the basic notions of state and law, the Constitution, the relationship between the domestic and supranational legal systems, fundamental rights, and the organisation of public powers; - understand the fundamental institutions of Italian public law; - apply the methodology of legal analysis, with the aim of grasping not only the descriptive dimension but also the dutifulness dimension; - provide a legal framework for the main political phenomena, especially on a national, regional and local scale; - illustrate these institutions and phenomena, with particular reference to the most important aspects of the Italian legal system.

Course contents

The course is divided into two modules.

The programme is structured as follows:


The legal system and constitutional law. The state. International and European Union law. The sources of law: general concepts. The sources of law: individual sources. The protection of rights . Rights and duties . Forms of government Popular sovereignty. The Parliament. The President of the Republic. The government of the Republic. Regional and local governments. Public administrations. The judicial system. Constitutional justice

Readings/Bibliography

tudents (both attending and non-attending) should prepare for the examination on the following text:


A. Barbera - C. Fusaro, Corso di diritto pubblico, Bologna, il Mulino, 2022

The textbook will be complemented by a text indicated in the course lectures for the monographic part of the course (C. Bologna, Costituzione e partiti antisistema, Napoli, Editoriale Scientifica, 2023: https://www.editorialescientifica.com/shop/catalogo/collane-di-diritto/ricerche-giuridiche/costituzione-e-partiti-antisistema-detail.html). Students are required to study a chapter of their choice from the 4)

When preparing for the exam, it is essential to always refer to the text of the Constitution.


For full consultation of current national law, we recommend the Normattiva search engine (www.normattiva.it ).


For the texts of Constitutional Court judgments, see www.cortecostituzionale.it

Teaching methods

The course will be conducted through lectures

Assessment methods

There are two different examination methods:


a) attending students can take part in the partial examinations that take place at the end of each teaching module during the lessons. The tests are written and consist of questions on the topics covered in the lessons and in the textbook. The final mark is the average of the marks obtained in the two tests. Those who have passed the two tests may request an oral integration in the ordinary examination sessions of the first useful session.


b) Each student may take the comprehensive examination in the ordinary examination sessions. The examination consists of an oral interview.


In the course of the (partial or total) examinations, questions on different topics of the programme will be used to check the achievement of the training objectives (e.g. knowledge of the constitutional organisation of the state, of the system of the sources of law) and the acquisition of an appropriate legal terminology. The assessment will also take into account the candidate's ability to make connections between the various parts of the programme and to develop critical arguments, as well as the clarity of the presentation.


By way of example only, the award of the final mark will be based on the following criteria


- Sufficient or little more than sufficient preparation on the topics dealt with, poor critical ability, difficulty in using technical-legal language → 18-21; - Fair or rather good preparation on the topics dealt with, fair critical ability, good use of technical-legal language → 22-25; - Good or more than good preparation on the topics dealt with, good critical ability, mastery of technical-legal language → 26-29; - Substantially exhaustive preparation on the topics dealt with, excellent critical ability, full mastery of technical-legal language → 30-30L.

Teaching tools

Sudents can use Aulaweb, the service linked to the handbook, by accessing www.mulino.it/aulaweb. This space is dedicated to study and teaching. It offers in-depth studies, test questions, summary schemes, online tutors, etc.


Students may in any case ask the lecturer questions for clarification during elections or using the reception hours. The lecturer can also be contacted by email at chiara.bologna@unibo.it.


The following sites are also recommended as possible study tools:


Specialised search engines


Cicerone: www.diritto.it/cicerone.html


Normattiva (the portal for current legislation): www.normattiva.it/static/index.html


Law and Rights: www.diritto.it/ Infoleges: http://www.infoleges.it/


Italy


Italian Constitution: http://www.cortecostituzionale.it/documenti/download/pdf/Costituzione_della_Repubblica_italiana.pdf


Italian Constitutional Court: www.cortecostituzionale.it (or alternatively consult the texts of the decisions at www.giurcost.org )


Italian Parliament: www.parlamento.it


Chamber of Deputies: www.camera.it


Senate of the Republic: www.senato.it


Presidency of the Republic: www.quirinale.it


Italian Government: www.governo.it


Superior Council of the Magistracy: www.csm.it


European Union:


Europa (the portal of the European Union): http://europa.eu/index_it.htm


The Treaties: http://europa.eu/abc/treaties/index_it.htm


The Institutions: http://europa.eu/about-eu/institutions-bodies/index_it.htm


Court of Justice and other courts: http://curia.europa.eu/


Eurlex (EU law): http://eur-lex.europa.eu/it/index.htm


International Organisations:


UN: www.un.org/ Council of Europe: www.coe.int/lportal/web/coe-portal


European Court of Human Rights: www.echr.coe.int/echr/ (the texts of decisions are available in English and/or French)


NATO: www.nato.int/cps/en/natolive/index.htm


Foreign constitutional texts:


Archive of historical constitutions: www.dircost.unito.it/index.shtml


Constitution finder: http://confinder.richmond.edu/ International constitutional law: www.servat.unibe.ch/icl/


Political resources: http://www.politicalresources.net/ (for every country in the world all important political sites, including those of the institutions and the text of the constitution)

Office hours

See the website of Chiara Bologna