00222 - Constitutional Law (M-Q)

Course Unit Page

SDGs

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

Gender equality Reduced inequalities Responsible consumption and production Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

In the system of legal disciplines, constitutional law is assigned the task of reconstructing, especially through the study of the current Constitution, the fundamental principles that govern the functioning of the institutional organization as well as the protection of citizens' freedoms. In this respect, constitutional law also plays a preliminary role both in relation to the study of other disciplines related to public law (administrative law, criminal law, procedural law, international law, European Union law, regional law, etc.). ), both with respect to the disciplines that find their main lines and fundamental principles in the constitutional text.
The overall training objective is therefore that of maturing an adequate knowledge of the rules around which our constitutional structure revolves, also in its "living" developments (both from the point of view of the evolution of the political system and from that of the jurisprudential application) and in its relations with the European Union system.
Further objective is the knowledge of the system of the freedoms and the mechanisms finalized to the protection of the spaces of autonomy of the citizen. It is in fact a field of learning in which constitutional law performs a fundamental function, the assimilation of which proves indispensable for the formation of the lawyer in our cultural area, also in the perspective of European integration and the establishment of a system of rights fundamentally unified.
Specifically, the program will deal with the following topics:

Society, Law and State: the characteristics of the legal phenomenon and the constituent elements of the State; the fundamental principles that govern the state organization (separation of powers, etc.) - The system of sources of law; the concept of Constitution - The relationship of law and subjective legal situations - The form of government in Italy: Parliament, legislative power and political activity - Institutes of direct democracy: the referendum and the direct legislative initiative - The executive power: Government and public administration - The judiciary: the division between the various organs of the judicial function - The President of the Republic - The Constitutional Court - The freedoms: rights and duties of citizens; Negative freedom and positive freedom - The autonomy of social formations - The system of territorial autonomies: the Regions and minor local authorities.

Course contents

Society, law and State: the characteristics of the law phenomenon and the constitutive elements of the State; fundamental principlesof State organization (separation of the powers, etc.) - Law sources system; the notion of Constitution - The law relationship and subjective juridical situations - The form of government in Italy: the Parliament, the legislative power and the activity of political ditection - Institutes of direct democracy: the referendum and popular legislative initiative - The executive power: Government and public administration - Judicial power: the division among the various organs of the jurisdictional function - The President of the Republic - The Constitutional Court - Rights and duties; The system of territorial autonomies: Regions, Provinces and Municipalities. 

Readings/Bibliography

The basic texts for the preparation of the exam are:

1. L. Mezzetti, Diritto costituzionale, Giuffré, Milano, 2020;

2. L. Mezzetti, Tradizioni giuridiche e fonti del diritto, Giappichelli, Torino, 2020 or 

L. Mezzetti - C. Drigo (a cura di), Diritti umani. Protezione internazionale e ordinamenti nazionali, Pacini Giuridica, 2021, pages 1-157, 177-248, 347-533 or

Mezzetti-Polacchini (eds.), Diritto Costituzionale. Casebook, Pacini Editore, Pisa, 2019.

3. L. Mezzetti (a cura di), Codice di Diritto pubblico, Giappichelli, 2018.

 

Teaching methods

The analysis of Constitutional Law is conducted through the constant reference to the Italian constitutional jurisprudence and having regard to the interaction between the Italian constitutional legal system and the legal systems of the European Union and of the European Convention on Human Rights, both under the normative and jurisprudential point of view.

 

Lessons will take place in the manner indicated in

https://dsg.unibo.it/en/teaching/projects-and-teaching-methodologies/teaching-modes-at-dsg-on-i-semester-a-y-2020-2021 .

Assessment methods

The exam will take place in written and oral form, in the context of the same appeal. It is not possible to separate the written and oral exam in two different exam sessions.
The first part of the exam consists of a written test that consists of 30 multiple choice questions in the form of multiple-choice tests. The student is admitted to the oral exam where he/she makes a maximum of 12 errors.
The written and oral examination will focus on the topics indicated in the "Program and contents" section.
The evaluation of the test will be carried out taking into consideration:
knowledge of institutional profiles;
the ability to analyze the jurisprudential and doctrinal guidelines;
the ability to make connections between the different parts of the program;
the ability to develop critical arguments;
the exposure articulation;
the accuracy of the exposure.
Failure to pass the oral exam involves the repetition of the exam starting from the written test.
Appeal jumps are not foreseen.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

· knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

· knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

· comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

· extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.



Registration for the final exam must be done using the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm).


THESIS
The degree theses are assigned by Prof. Luca Mezzetti after an interview. After assigning the title, the teacher will indicate to the student a tutor, who will follow him during the elaboration of the research work.


Prerequisites
Prerequisites are not foreseen.


The lessons will be held in the first semester, therefore students who obtain the certificate of attendance in the current academic year will be able to take the exam starting from January 2021.


Teaching tools

In order to facilitate the assimilation of the concepts, also by means of the visualization of the logical links, the illustration of the institutes will be constantly accompanied by the use of slides.
In the academic year 2020-2021, the seminars parallel to the course will be devoted to the analysis of the most significant constitutional jurisprudence in the various sectors of constitutional law.
The dates and locations of the seminars, as well as being published on the website of the course, will be promptly communicated at the beginning of the academic year by posting in the appropriate bulletin boards, as well as in the building where the lectures are held.
Students who for reasons of disability or specific learning disabilities (DSA) need compensatory tools will be able to communicate to the teacher their needs so as to be directed to the contacts and agree on the adoption of the most appropriate measures.

Office hours

See the website of Luca Mezzetti