24629 - Advanced Constitutional Law

Learning outcomes

The course focuses on the study of constitutional adjudication, namely the set of rules and practices meant to guarantee the constitution. At the end of the course, students are expected to be able to analyse, understand, and critically engage with the functioning and reasoning of the constitutional court.

Course contents

The course pursues a two-fold objective:
i) understanding the system of constitutional adjudication, and in particular the structure and competences of the Constitutional court;

ii) understanding the mechanisms governing judicial decision-making, through the analysis and the solution of pending cases. At the end of the course, students will be able to identify and discuss the admissibility of the case; to critically analyse its outcome; to collect and analyse the legislative and doctrinal elements necessary to the solution of the case.

In accordance with the degree program’s formative objectives, this Course will allow students develop their legal skills, giving them the necessary tools to evaluate and comprehend the functioning of national institutions, taking into consideration their historical evolution. Students will also grasp a better understanding of the legal order, further developing the capability to assess constitutional issues.

Readings/Bibliography

The exam is based on the following text book:

E. Malfatti, S. Panizza, R. Romboli, Giustizia costituzionale, Torino, Giappichelli, latest version.

For students who have attended at least 70% of the course, the assessment will be based on a selection of chapters, which will be communicated during the course.

In addition, it is essential for students to get access to the Constitutional courts’ decisions which will be discussed during the course. They are publicly available at the following webpages, together with the legislation relevant to each decision:

1. www.cortecostituzionale.it

2. www.giurcost.it

Other useful sources include:

- a collection of the relevant legislation, e.g.:

F. Clementi, L. Cuocolo, F. Rosa e G. E. Vigevani (a cura di), La Costituzione italiana, Commento articolo per articolo, Bologna, il Mulino, 2021; L. Mezzetti, M. Belletti (a cura di), Codice costituzionale, Torino, Giappichelli, 2012 or most recent edition; P. Costanzo (a cura di), Testi normativi per lo studio del diritto costituzionale italiano ed europeo, Torino, Giappichelli, 2019 or most recent edition; M. Bassani, G. Bottino, M. Della Torre, V. Italia, G. Ruggeri, A. Zucchetti (a cura di), Leggi fondamentali del diritto pubblico e costituzionale, Milano, Giuffrè, 2016 or most recent edition; L. Califano, M. Rubechi (ed.), Guida ragionata alla Costituzione italiana, Rimini, Maggioli, 2019

 

- the Constitutional assembly’s preparatory work, available at: http://legislature.camera.it/altre_sezionism/304/8964/documentotesto.asp.

Teaching methods

Classes will take place during the second semester, according to the schedule that will be published subsequently.

Teaching methods include group work and in-class discussions concerning pending cases

Assessment methods

ssessment methods are two-fold.

First, assessment is based on participation in class, in particular in the context of the discussions on the pending cases.

Secondly, assessment takes place through the final exam, consisting of a general oral exam on the Course contents.

The final grade will reflect both components.

• Grade range criteria:

  • 18-19: the student needs the professor’s support to prepare, develop and analyze the topics that are necessary for the written assessment. The student’s use of language is overall correct;
  • 20-24: the student can prepare, develop, and analyze issues autonomously, but only on a descriptive level. The student’s use of language is correct;
  • 25-29: the student can prepare, develop, and analyze the written assessment’s topics, as well as the ones examined throughout the Course. The student also shows an independent ability to critically assess and evaluate issues, and shows an appropriate use of specific terminology;
  • 30-30L: the student can prepare, develop, and analyze the written assessment’s topics, as well as the ones examined throughout the Course. The student also shows an independent ability to critically assess, evaluate, and connect issues. He/she fully masters specific terminology, has good reasoning skills, and is able to support an autonomous scientific position that is founded upon the themes examined in class.

If requested, further assesment methods will be put in place for students with different abilities, who will be accommodated as much as possible.

Teaching tools

Case Law


Constitutional Court's decisions may be found on the official website of the Court (www.cortecostituzionale.it) and on the website Consulta on-line (www.giurcost.it).


Legislation

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

Students in any case can ask the professor questions during lessons and office hours. The professor is also contactable via email at chiara.bologna@unibo.it

Office hours

See the website of Chiara Bologna

See the website of Diletta Tega