00222 - Constitutional Law

Learning outcomes

The student will learn about the Italian Constitution and the constitutional system through an examination of the main institutions concerning legal theory, fundamental principles, sources of law, fundamental rights, constitutional organs, the regional form of state, and the relationship between the Italian legal system and the European and international legal systems.The student will be able to independently interpret the legal norms of the Constitution and understand the functioning of republican institutions in their relationship to the European and international order.

Course contents

1. Legal systems and constitutional law. - 2. The State. - 3. The State and the other legal systems. Constitutional law and International law. - 4. Constitutional law and the EU Law. - 5. Sources of law. - 5.1 Theoretical aspects. - 5.2 Sources' rules of production and enactment. - 5.3 The legal source system. - 5.4 The normative acts. - 5.5 The Constitution. - 5.6 Legislative statutes. - 5.7 European sources. - 5.8 Delegated legislation. - 5.9 The regional legal sources. - 5.10 Executive acts. - 5.11 The normative facts. - 6. Fundamental rights. - 7. The organization of political powers. - 8. Ballots, referenda and other forms of direct democracy. - 9. The Parliament. - 9.1 The origins of the first parliaments. - 9.2 The bicameral governments. - 9.3 Organizations and procedures. 9.4 The functions. - 9.5 The power of dissolution. - 10. The Head of the State. - 11. The Government . - 12. The regional and local government. - 13. The public administration. - 14. The individual rights and the judicial process. - 15. The judicial review. - 16. The Italian legal system and its evolution.

Readings/Bibliography

Students taking the Constitutional Law examination


Students taking the Constitutional Law examination are required to prepare the following materials:


A. Barbera, C. Fusaro, C. Caruso, Corso di diritto costituzionale, Bologna, il Mulino, 2026, excluding the following sections:
Chapter 4, §7;
Chapter 5, §7;
Chapter 12, §§6–9;
Chapter 16, §§6 and 8;
Chapter 17, §§6–8;
Chapter 18, §§7 and 8.
Fifteen case studies, selected by the student (three case studies from each chapter), from A. Morrone (ed.), Il diritto costituzionale nella giurisprudenza, Padua, Cedam, 2026.
Students required to complete up to 3 ECTS credits in Constitutional Law


Students who are required to complete up to 3 ECTS credits in Constitutional Law must prepare the following chapters from:


C. Caruso, C. Valentini (eds.), Grammatica del costituzionalismo, Bologna, il Mulino, 2021:


"Constitution"
"Separation of Powers"
"Security"
"Constitutional Justice"
Students required to complete 4–6 ECTS credits in Constitutional Law


Students who are required to complete 4–6 ECTS credits in Constitutional Law must prepare the following text:


A. Morrone, Fonti normative, Bologna, il Mulino, 2026.

Teaching methods

Class Timetable

Classes will be held (in-person) in Fall Semester, according to the schedule published here:

https://corsi.unibo.it/magistralecu/Giurisprudenza-Ravenna/orario-lezioni

Constitutional Law course will participate in the experimental teaching promoted by the University of Bologna. One lesson per week will be held exclusively online via Teams platform. The lecture will be devoted to tests and simulations conducted through the direct participation of students. In particular, together with the teacher, students will be asked to practice multiple-choice and open-ended questions. The latter will be of two types: one of a notionistic nature and the other focusing on a practical case related to a part of the program explored in class. The online lecture aims at preparing students for the written part of the exam (see later). The simulations will be self-checked by the students during the lecture, with simultaneous frontal explanation by the teacher.

In addition, to promote interactivity and class participation, in-person gaming tests will be organized via kahoot platform. Students will be divided into teams, called to compete against each other on multiple choice questions. Students in the winning team will be entitled to a plus for the final exam.

 

Assessment methods

Constitutional Law Examination


Students' knowledge and understanding are assessed through the final examination, which is designed to evaluate the achievement of the course learning outcomes. The examination consists of a written test followed by an oral examination with the course instructor and members of the teaching staff, covering all topics included in the syllabus.


The written test consists of 30 multiple-choice questions to be completed within 30 minutes. Each correct answer is awarded one point.


Passing the written test is a prerequisite for admission to the oral examination. Students who do not achieve a passing mark are not admitted to the oral examination. Students who pass the written test may proceed to the oral examination. The mark obtained in the written test, expressed on a scale of 30, serves as an indication of the student's performance but is not binding for the final grade, which is determined on the basis of the oral examination.


The written test will take place on the date scheduled for each examination session, starting at 10:30 a.m. During the written test, students may consult only an unannotated copy of the Italian Constitution. Annotated editions containing references to legal scholarship or case law are not permitted.


The oral examination will take place immediately after the written test and will consist of an interview covering the entire syllabus. The first part of the examination will be conducted by a panel composed of members of the teaching staff; the second part will be conducted by the professor. Assessment will take into account the student's knowledge of the institutional framework of Constitutional Law, ability to analyse scholarly opinions and constitutional case law, capacity to establish connections between different parts of the syllabus and to develop critical arguments, as well as clarity and precision of presentation.


The final grade reflects the student's overall performance in the examination.


Mid-term assessment


For attending students only who participate in the teaching innovation programme, a mid-term assessment is offered to evaluate knowledge of the first half of the syllabus (up to and including Chapter XII).


The mid-term assessment consists of:


18 multiple-choice questions;
one short-answer theoretical question;
one open-ended question based on a practical case.


The assessment is held in December, at the end of the teaching period.


Students who pass the mid-term assessment are exempt from being examined on the corresponding part of the syllabus during the subsequent winter examination session and may proceed directly to the oral examination. In this case, the oral examination will cover only the remaining part of the syllabus.


The mark obtained in the mid-term written assessment serves as a reference for the final evaluation but is not binding.


Marking criteria for the mid-term assessment
Multiple-choice questions: maximum 18 points;
Short-answer theoretical question: maximum 8 points;
Practical case question: maximum 4 points.

Marking criteria for the oral examination
18–21: satisfactory or barely satisfactory knowledge of the topics covered; limited critical skills; difficulty in using appropriate legal terminology.
22–25: fair to good knowledge of the topics covered; adequate critical skills; good command of legal terminology.
26–29: good to very good knowledge of the topics covered; good critical skills; confident use of legal terminology.
30–30 with honours: comprehensive and thorough knowledge of the topics covered; excellent critical skills; full command of legal terminology.
Assessment for Supplementary Constitutional Law Credits


Students wishing to obtain supplementary Constitutional Law credits are required to take an oral examination with the course instructor and members of the teaching staff covering the prescribed syllabus. The examination may be taken during the regular Constitutional Law examination sessions, upon registration through the dedicated enrolment list.


For assessments corresponding to 3 to 6 ECTS credits, a numerical grade will be awarded according to the following criteria:


18–21: satisfactory or barely satisfactory knowledge of the topics covered; limited critical skills; difficulty in using appropriate legal terminology.
22–25: fair to good knowledge of the topics covered; adequate critical skills; good command of legal terminology.
26–29: good to very good knowledge of the topics covered; good critical skills; confident use of legal terminology.
30–30 with honours: comprehensive and thorough knowledge of the topics covered; excellent critical skills; full command of legal terminology.
Final Dissertation (Thesis)


Students wishing to write their final dissertation in Constitutional Law must first meet with the professor. Following this meeting, they will be placed on the dissertation allocation list. Dissertation topics are assigned on the dates and at the times determined by the professor.


The arrangements for preparing the dissertation will be agreed directly with the professor. In any event, the final version of the dissertation must be submitted at least one month before the deadline for depositing the thesis with the Student Administration Office for the relevant graduation session.

Teaching tools

Case Law

Decisions of Corte costituzionale may be found on the official website of the Corte costituzionale (www.cortecostituzionale.it ) and on the website Consulta on-line (www.giurcost.it [https://www.unibo.it/en/teaching/course-unit-catalogue/course-unit/2022/www.giurcost.it] ).

Legislation

Legislation may be consulted at the webpage www.normattiva.it [http://www.normattiva.it.%20/] . To better prepare for the exam, students may consult a public law code.

For example:

A. Morrone, Costituzione italiana e leggi fondamentali, Giuffrè ed., 2025

 

Office hours

See the website of Corrado Caruso