76573 - Advanced Constitutional Law (FF)

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Quality education Reduced inequalities Peace, justice and strong institutions

Academic Year 2019/2020

Learning outcomes

The course relates to the study of "constitutional justice", namely the set of rules and practices meant to guarantee the constitution. The term constitution is in this context intendes as the set of rules on the functioning of sovereign powers and on the protection of rights and primary values, starting from the State regulation, but also referred to the supranational and international level. The study of constitutional justice develops, therefore, in a comparative perspective, having attention to the European and international level of protection as well. The study of the judicial reasoning, followed by constitutional courts, supranational and international, will be carried out with a specific attention.

Course contents

The course relates to the study of "constitutional justice", namely the set of rules and practices meant to guarantee the constitution. The term constitution is in this context intendes as the set of rules on the functioning of sovereign powers and on the protection of rights and primary values, starting from the State regulation, but also referred to the supranational and international level. The study of constitutional justice develops, therefore, in a comparative perspective, having attention to the European and international level of protection as well. The study of the judicial reasoning, followed by constitutional courts, supranational and international, will be carried out with a specific attention.

Readings/Bibliography

The program will be carried out on the basis of texts suggested from time to time by the Professor.

Attending students may consult the following text:
Morrone, Il bilanciamento nello Stato costituzionale, Giappichelli, Torino, 2014.

Not attending students, also:

Ruggeri & Spadaro, Lineamenti di giustizia costituzionale, Giappichelli, Torino, last edition.

For the sources:

3) A. Morrone (cur.), Costituzioni e diritto europeo, Napoli, Editoriale scientifica, 2014.

For the decisions of constitutional judges:

www.cortecostituzionale.it

Teaching methods

Case law method

Assessment methods

A) Attending students. Students attending at least two-thirds of the classes will be given the opportunity to hold the exam in a pre-session, which will take place in December. The pre-session will consist of two parts. Part 1: team work -> attending students will be divided into several working groups (4-5 students maximum) and every group will have to draft a written paper, pertaining a judgment of the Italian Constitutional Court. Each paper will be assessed by the Professor on a scale from 1 to 30 (the minimum passing grade being 18/30). The grade obtained on the paper will be assigned to each member of the group and will represent the starting point for the second part of the exam. Part. 2: individual examination -> attending students will hold a brief individual interview with the Professor, which will begin with the discussion of the written paper and will cover the topics addressed in classes.

B) Other students. The exam will consist of a written exam and an individual interview with the Professor and the teaching assistants; the two parts of the exam will take place on the same day, according to the ordinary exam dates. The written exam will consist of a comment to a judgment of the Italian Constitutional Court, chosen by the Professor and published on his website 24 hours before the exam date. Paper sheets will be provided and certified by the Professor; no other sheets will be allowed. During the written exam students will be allowed to use a plain text of the Italian Constitution (not commented) and the relevant legislation.

Teaching tools

All tools will be provided during the classes

Office hours

See the website of Andrea Morrone