00222 - Constitutional Law

Learning outcomes

The course focuses on the analysis of the Italian Constitution. The understanding of the constitutional text and its implications involves the studying of: basic notions of the general theory of law, fundamental constitutional principles, sources of law, human rights, constitutional powers, individual rights in the judicial process, local and regional governments, relations between the Italian law system and the European/International legal systems.

Course contents

1. Legal systems and constitutional law. - 2. The State. - 3. The State and the other legal systems. Constitutional law and International law. - 4. Constitutional law and the EU Law. - 5. Sources of law. - 5.1 Theoretical aspects. - 5.2 Sources' rules of production and enactment. - 5.3 The legal source system. - 5.4 The normative acts. - 5.5 The Constitution. - 5.6 Legislative statutes. - 5.7 European sources. - 5.8 Delegated legislation. - 5.9 The regional legal sources. - 5.10 Executive acts. - 5.11 The normative facts. - 6. Fundamental rights. - 7. The organization of political powers. - 8. Ballots, referenda and other forms of direct democracy. - 9. The Parliament. - 9.1 The origins of the first parliaments. - 9.2 The bicameral governments. - 9.3 Organizations and procedures. 9.4 The functions. - 9.5 The power of dissolution. - 10. The Head of the State. - 11. The Government . - 12. The regional and local government. - 13. The public administration. - 14. The individual rights and the judicial process. - 15. The judicial review. - 16. The Italian legal system and its evolution.

Readings/Bibliography

The exam is based on the following text:

A. Barbera, C. Fusaro, Corso di diritto costituzionale, Bologna, Il Mulino, last edition available

Teaching methods

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

The course is organized by a blended model: lectures are taught both in presence and online on MS TEAMS.

Assessment methods

Final Exam

The students learning will be verified through a final exam, testing the formative outcomes of the course. The final exam consists of an oral examination led by teaching assistants and professor.

The assessment will take into account the general knowledge of the main topics of the course, as well as the ability to analyze case law and its theorical implications, the critical approach and and argumentative clarity.

By way of example, the following criteria will be used to assess the final grade (that will be out of 30/30):
- sufficient or barely sufficient knowledge of 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.

Final Thesis

The thesis topic is given after a talk with the Professor. The editing modalities will be fixed in accordance with the Professors. The final thesis will be delivered to the Professor two weeks before the delivery to the administration office

Office hours

See the website of Caterina Domenicali