00222 - Constitutional Law (R-Z)

Learning outcomes

The acquisition of the essential lines of the constitutional organization of the state, with particular reference to the formation, composition, powers and interactions of the constitutional bodies, as well as the fundamental principles governing the constitutional system of the sources of law and fundamental rights.

Course contents

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 the sources of law; The notion of the Constitution - The relationship between law and subjective legal situations - The form of government in Italy: Parliament, legislative power and political affairs - Direct democracy institutions: the referendum and the direct legislative initiative - The executive power: Government and public administration - Judicial power: the division between the various organs of judicial function - The President of the Republic - The Constitutional Court - Freedoms: Rights and duties of citizens; Negative Freedom and Positive Freedom - The Autonomy of Social Formations - The System of Territorial Autonomies: Regions, Provinces and Municipalities.

Within the special part of the course, the issues relating to the European constitution and the European Constitution will be deepened; The values and constitutional principles of the European Union; European citizenship; The institutes of representative and participatory democracy; European integration in the Italian Constitution; The allocation of powers between the European Union and the Member States; The form of European state-order; The institutional and institutional structure of the European Union; The "form of government" of the Union; Sources of European law and their relations with national sources; The guarantee system: the judiciary and constitutional justice of the European Union; The multilevel protection of fundamental rights.

Readings/Bibliography

The basic text for preparing the general exam is, alternatively, one of the following manuals:

A. BARBERA, C. FUSARO, Corso di diritto costituzionale, Bologna, Mulino, 2020, entirely.

L. MEZZETTI, Diritto Costituzionale, Giuffré, Milan, 2019, entirely.

G. De VERGOTTINI, Diritto Costituzionale, Cedam, Padua, 2017, entirely.

The basic text for the preparation of the special part of the exam is, at the student's choice, one of the following volumes:

1) C. BOTTARI, La tutela della salute: lavori in corso, Giappichelli, 2020, limited to chapters 1, 2, 3, 4 e 5.

2) A. MORRONE, Il diritto costituzionale nella giurisprudenza,, Padua, Cedam,2020, limited to chapters I (par.6, 8 e 9), II (par. 1, 7 e 8), III (par. 1, 3 e 4), IV (par. 3, 5 e 6) e V (par. 2, 4 e 6).

For the purpose of preparing the exam, it is advisable to consult an updated Constitutional Law Code [L.Mezzetti (ed.), Codice di diritto pubblico, Giappichelli Editore, Torino, 2018].




Integrative Activities of Constitutional Law

Students who must complete 3 to 4 training credits must prepare the following text:
- A. MORRONE, Constitutional law in the jurisprudence, Padua, Cedam, 2020, limited to limited to chapters I (par.6, 8 e 9), II (par. 1, 7 e 8), III (par. 1, 3 e 4) e V (par. 2, 4 e 6).

Students who must complete 2 to 1 training credits must prepare the following text:
- A. MORRONE, Constitutional law in the jurisprudence, Padua, Cedam, 2020, limited to limited to chapters I (par.6, 8 e 9), III (par. 1, 3 e 4), IV (par. 3, 5 e 6) e V (par. 2, 4 e 6).

 

ERASMUS


Students of the Erasmus program will be able to agree on the exam program by contacting the teacher, also indicating their teaching plan, with regard to the University of origin.

Teaching methods

The teaching will be articulated in frontal lessons and in other activities directed to spur the involvement of the students. In the lectures will be conducted the systematic dissertation of the topics covered by the course, according to the program above, and then will be devoted some time, in relation to both the general part and the special part, to the examination of the jurisprudence on specific issues.

Assessment methods

Lessons will be held in the first semester and, therefore, those who obtain the certificate of attendance will be able to take the exam starting from the following month of January.

The examination consists of a first written test in the form of a multiple choice test, the passing of which will allow admission to the second test which will take place, followed by an oral interview.

Registration for the exam (using the online Almaesami application) includes enrollment in both the written and oral tests

The multiple choice test and the oral test will focus on the issues relevant to those indicated in the "Course 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 learnings;
- the ability to make connections between the different parts of the program;
- the ability to develop critical arguments;
- the articulation of the exhibition;
- the accuracy of the exposure.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

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

- sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

- extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

 

Integrative Activities of Constitutional Law

The examination, in order to support the integration of the training credits, is the only oral test.




Thesis

The assignment of the degree thesis takes place after enrollment in the list and subsequent interview with the teacher.

In particular, the assignment of the thesis must be entered in a special list, held by the collaborator in charge of Dr. Federico Laus (federico.laus@unibo.it [mailto: federico.laus@unibo.it]).

To subscribe to the list it is necessary that they remain to support no more than 3 examinations.

The assignment of theses to students thus enrolled takes place collectively four times a year (usually in October, February / March, May and July).

On that occasion, a series of titles will be proposed, but it is possible to report their preferences about the subject of the dissertation project, without prejudice to the final choice of the teacher.

The assignment of theses takes place according to a chronological criterion, respecting the maximum roof provided by the chair, noting the maturity of the course attendance and the convincing manifestation of interest in the subject. Therefore, we recommend a certain advance in the application form.

A copy of the completed thesis must be delivered to the lecturer at least one month before the deadline for online submission of the dissertation.

Teaching tools

During the course, seminars and exercises will take place and dates will be communicated by the professor.

Students who, due to disability-related reasons or specific learning disabilities (DSA) need compensatory tools, will be able to inform the teacher of 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 Carlo Bottari