24629 - Advanced Constitutional Law

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 constitutional justice . The notion of constitution. The constitutional courts. The multi-level protection. Guarantee of rights and primary values and resolution of conflicts among constitutional powers . Analisys of judicial reasoning. Comparative perspectives.

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

Assessment methods

The exam will divided into a pre-session written part for all attending  students who have attended at least two thirds of the lessons. Only those who will achieve a sufficient outcome in the written part will be admitted to a short interview with the teacher, based on the student's paper. The interview will take place on a date subsequent to the execution of the pre-session written exam. For all other students the exam will consist of a written part and an interview with the preofessor or his assistents. Both written exam and interview will take place on the same day according to the examination calendar.

The written exam, both for exams held in the pre-session and for the ordinary exam session , will consist of a comment to a decision of  a constitutional court or of a last instance jurisdiction, national or internazional, chosen by the Professor and published on his website 24 hours before the written exam. Paper sheets will be provided and certified by the Professor; no other sheets are allowed. During the written exam students will be allowed to use a plain text of the Constitution (not annotated) and the relevant legislation

Teaching tools

All tools will be provided during the classes.

Links to further information

http://www.unibo.it/docenti/andrea.morrone;%20http://campus.cib.unibo.it/;%20http://www.collegio.unibo.it/

Office hours

See the website of Andrea Morrone