00534 - Principles of Public Law (F-N)

Learning outcomes

Knowledge and skills to be acquired

The course aims to provide students with knowledge, skills and tools deemed necessary to understand the Italian institutional system. By the end of the course, students will learn: the foundations of public law, including but not limited to the institutions of the State, the Constitution and its origin, the relationship between the domestic and supranational legal systems, fundamental rights and their safeguards, the organisation of public powers. Students will be able to use the methodology of legal analysis and all the institutional paradigms.

Course contents

The detailed content of the programme includes:

LAW, LEGAL SYSTEM, LEGAL NORMS

THE STATE

THE ITALIAN LEGAL SYSTEM

THE ITALIAN LEGAL SYSTEM AND THE EUROPEAN UNION

SOURCES OF LAW

(CHAPTER I - CHAPTER V)

What is law?

The legal system and constitutional law:

The rules of law.

What is a legal system?

The Constitution.

The state and its constituent elements: people; territory; government.

Citizenship (overview)

Forms of state and forms of government.

Sources of production and sources of knowledge.

Sources of fact and sources of act.

Criteria for resolving contradictions: chronological, hierarchical and competence criteria. The function of interpretation.

The constitutional source: the concept of the Constitution and the Italian Constitution, constitutional laws and constitutional revision.

Primary sources.

Regional sources.

International and Community sources.

Secondary sources.

Sources of fact.

 

THE REPUBLICAN SYSTEM: PARLIAMENT, PRESIDENT OF THE REPUBLIC, GOVERNMENT, PUBLIC ADMINISTRATION, REGIONS AND LOCAL AUTONOMY (CHAPTERS VI, VII, VIII, IX AND XI)

 

Parliament and the bicameral system.

Members and bodies of the Chambers: the status of parliamentarians.

Legislative and regulatory powers.

Parliament in the implementation of Community law.

Institutions of direct democracy: petitions, popular legislative initiatives.

The referendum to repeal laws.

The role of the President of the Republic; the function of guarantee, the President as a neutral power.

The election and term of office of the President.

The powers of the President.

Powers of control, guarantee, prerogative, influence and political mediation.

Acts of the President of the Republic: presidential acts decided by different bodies, acts strictly presidential, presidential acts with complex participation.

The value of ministerial countersignature.

Presidential responsibility and offences: impeachment and judgment by the Constitutional Court.

The formation of the Government.

Confidence and no confidence, government crises.

Individual no confidence.

Primary and secondary legislative functions of the Government.

Public administration

Constitutional principles of administration: The principles of legality, impartiality and good administration.

Judicial protection of rights and legitimate interests.

 

CONSTITUTIONAL RIGHTS AND FREEDOMS, THE JUDICIAL SYSTEM, CONSTITUTIONAL JUSTICE (CHAPTERS X, XII AND XIII).

The protection of rights.

Inviolable rights under Article 2 of the Constitution.

The principle of equality.

Personal rights.

The freedoms of individuals and groups.

Personal freedom,

freedom of domicile,

freedom of correspondence and of public expression of thought,

freedom of movement and residence,

freedom of association,

freedom of political parties,

The fundamental right to health and sex and gender medicine.

THE JUDICIAL SYSTEM.

The judicial function.

The organisation of the judiciary.

The autonomy and independence of the judiciary.

The Superior Council of the Judiciary.

CONSTITUTIONAL JUSTICE.

The origins and models of constitutional justice.

The Constitutional Court: composition and functions.

The judgment of constitutional legitimacy: the subject matter and the parameter.

Challengeable defects of constitutional legitimacy.

Access to the judgment of constitutional legitimacy.

Incidental judgment.

Judgment by way of action.

Types of judgments and their effects.

Conflicts of jurisdiction.

Judgment on proceedings against the President of the Republic.

Judgment on the admissibility of a repeal referendum.

 

Readings/Bibliography

F. POLITI, DIRITTO PUBBLICO, Public Law, Giappichelli, Turin, 2024. (or most recent edition)

The textbook must be studied IN ITS ENTIRETY together with

F. Rescigno – D. Cerini (eds.),

Sustainability and Animal Welfare: a multifaceted approach, Giappichelli-Routledge, Turin, 2025.

This volume is an integral part of the study programme; chapters to be omitted will be indicated during the lectures by the Professor

(Non-attending students will study the entire volume).

The study of Public Law is based on the Constitution, therefore it is necessary to have an updated copy available at ALL times during the lectures.

THE PROGRAMME AND TEXTBOOKS ARE THE SAME FOR BOTH ATTENDING AND NON-ATTENDING STUDENTS AND, OF COURSE, FOR THOSE TAKING THE WRITTEN EXAMS AND THOSE TAKING THE ORAL EXAM.

Teaching methods

After an initial general introduction aimed at learning the tools and methods useful for the study of public law, with particular attention to the fundamental principles enshrined in the Constitutional Charter, the course will examine the system of the sources of law, starting from the constitutional text to secondary sources of law, and especially the international legal system and the EU sources that today are decisive for our legal system, as well as secondary sources.

Subsequently, the study will focus on the investigation of the form of State and the parliamentary form of government as designed by the Constituent Assembly and materialised in the course of republican life.

Another important stage in the study of Public Law is the examination of fundamental freedoms, among which the principle of equality will be examined in detail.

The study of freedoms is directly linked to that of the judicial system and constitutional adjudication, an instrument for protecting and guaranteeing the entire constitutional order.

The programme will be carried out as much as possible in frontal teaching hours and will be accompanied by optional seminars on the various topics.

 

Assessment methods

THERE ARE TWO TYPOLOGIES OF EXAMINATION FOR PUBLIC LAW:

 

1. MODE CONSISTING OF PASSING TWO WRITTEN TESTS BASED ON QUIZZES AND OPEN QUESTIONS.

THE FIRST WRITTEN TEST WILL TAKE PLACE APPROXIMATELY HALFWAY THROUGH THE COURSE, WHILE THE SECOND ONE WILL TAKE PLACE AT THE END OF THE LESSONS.

THE DATES OF THE TESTS ARE DECIDED BY THE TEACHER AND THERE IS NO PLACE FOR PERSONAL ADJUSTMENTS.

THESE DATES WILL BE ANNOUNCED APPROXIMATELY 7 DAYS IN ADVANCE.

IT IS NOT NECESSARY TO REGISTER FOR THE WRITTEN TESTS, JUST SHOW UP ON THE DAY OF THE TEST AT THE TIME SET BY THE TEACHER.

PASSING THE FIRST WRITTEN TEST IS COMPULSORY FOR ACCESS TO THE SECOND WRITTEN TEST.

THEREFORE IT IS NOT POSSIBLE TO TAKE THE SECOND WRITTEN TEST IF YOU HAVE NOT PASSED THE FIRST.

IF THE SECOND WRITTEN TEST IS NOT PASSED, THE ENTIRE EXAMINATION MUST BE TAKEN ORALLY.

THE EXAMINATION WILL ONLY BE PASSED IF IN BOTH WRITTEN TESTS A POSITIVE RESULT HAS BEEN OBTAINED AND THE AVERAGE RATING OF THE TWO TESTS IS VERBALISED (if accepted).

OTHERWISE THE ENTIRE EXAMINATION WILL BE TAKEN ORALLY.

IN ORDER TO FINALISE THE AVERAGE MARK THE STUDENTS MUST REGISTER (ON ALMAESAMI) FOR A CALL EXPRESSLY DEDICATED ONLY TO THE FINALISATION OF THE EXAMINATION AS INDICATED BY THE LECTURER.

IF YOU DO NOT WISH TO HAVE YOUR AVERAGE GRADE RECORDED BECAUSE IT DOES NOT CORRESPOND TO YOUR EXPECTATIONS OR FOR OTHER REASONS, YOU WILL HAVE TO TAKE THE FULL ORAL EXAMINATION.

THE VALIDITY OF THE TWO WRITTEN TESTS IS LIMITED TO THE ACADEMIC YEAR IN WHICH THEY ARE TAKEN.

 

2. FULLY ORAL EXAMINATION MODE.

IT IS ALSO POSSIBLE TO CHOOSE TO ATTEND THE LESSONS BUT NOT TO TAKE THE WRITTEN TESTS AND THEREFORE TO TAKE THE ENTIRE EXAM ORALLY BY REGISTERING (ON ALMAESAMI) FOR ONE OF THE SCHEDULED EXAMS AFTER THE END OF THE LESSONS.

PLEASE NOTE THAT THOSE WHO DO NOT PASS THE FIRST WRITTEN TEST CANNOT TAKE THE SECOND WRITTEN TEST AND MUST THEREFORE UNDERGO THE ENTIRE EXAMINATION ORALLY.

THOSE WHO PASS THE FIRST TEST BUT NOT THE SECOND MUST STILL TAKE THE ENTIRE ORAL EXAMINATION.

THE TEXTBOOKS ARE THE SAME BOTH FOR THOSE WHO ATTEND AND THOSE WHO DO NOT AND IT IS THE SAME BOTH FOR THOSE WHO TAKE THE WRITTEN TESTS AND FOR THOSE WHO TAKE THE EXAM ENTIRELY ORALLY.

Teaching tools

Power point

dvd

 

Students with learning disorders and\or temporary or permanent disabilities:

please, contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students ) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Office hours

See the website of Francesca Rescigno