00222 - Constitutional Law (M-Q)

Learning outcomes

In the system of law disciplines, to constitutional law is assigned the task to reconstruct, above all through the study of the  Constitutionin force, the fundamental principles that regulate the working of the institutional organization as well as to the protection of the liberties of the citizens. Under this aspect, constitutional law also develops a preliminary function both with reference to the study of other public law matters (administrative law, criminal law, international law, European Union law, regional law etc.), and with reference to matters that find in the constitutional text their  fundamental lines and principles.  The general formative goal is therefore that to let mature a suitable knowledge of the Italian constitutional order, also in its "living"developments, and in its relationship with the European Union.

A further task is the knowledge of the system of the liberties and the mechanisms devoted to the protection of the autonomy of the citizen. In this field constitutional law plays a fundamental function, whose assimilation is essential for the formation of thelawyer in our cultural area, also in the perspective of the European integration and the consolidation of a unitary system of fundamental rights .

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:

 

L. Mezzetti, Teoria costituzionale. Principi costituzionali, giustizia costituzionale, diritti umani, tradizioni giuridiche e fonti del diritto, Giappichelli, Torino, 2015.

L. Mezzetti, Diritto costituzionale, Giuffré, Milan, 2017.

 

Note for Socrates-Erasmus students
The syllabus for Erasmus students includes the following chapters taken from L. Mezzetti, Diritto costituzionale, Giuffré, Milan, 2017:

1) Sources of law;
2) A choice between one of the two combined topics listed below:
the Parliament and the Government;
or the Constitutional Court and the President of the Republic.

 

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.

Assessment methods

Lectures will take place in the I semester and therefore students can try the examination starting from January 2018.
The examination consists in a written test in form of multiple choice, that is a condition for the admission to the oral test.

The registration to the written test includes that to the oral test. The oral test must be passed during the same appeal in which the written test is passed.

Teaching tools

During the academic year 2017-2018 seminars will be devoted to the analysis of the most relevant constitutional jurisprudence on the various topics of constitutional law.

Dates and the places of the seminars will be published in the web page of the course; students will be informed at the beginning of the course. 

 

Office hours

See the website of Luca Mezzetti