00534 - Principles of Public Law (F-N)

Learning outcomes

Knowledge and skills to be acquired

The course aims to provide students with useful knowledge and tools in terms of both juridical theory and methodology. By the end of the course, students will have learnt: the basics of the State and law, the Constitution, the relationship between the domestic and supranational legal systems, fundamental rights, and the organisation of public powers. They will be able to use the methodology of legal analysis, and will be able to frame the main institutional and political legal phenomena on a European, national, regional and local scale. Particular attention will be devoted to the principle of equality and self-determination of the individual.

Course contents

The articulated content of the programme includes:

1. The legal system and constitutional law:

The rules of law.

What is a legal system.

The Constitution.

2. The State

The State and its formative elements: people; territory; government.

Forms of state and form of government.

3. The international order and the European Union order

4. The community of states and international law.

5. Sources of law

Sources of production and sources of cognition

Sources of fact and sources of deed.

Criteria for resolving antinomies: chronological criterion,

hierarchical, competence. The function of interpretation.

The constitutional source: The concept of Constitution and the

Italian Constitution; Constitutional and constitutional revision

Laws;

The primary sources of law:

The Regional Sources;

The Secondary Sources:

The factual sources.

The international sources of law and the european ones.

6. Fundamental rights

The protection of rights.

The inviolable rights in Article 2 of the Constitution.

The principle of equality

Personality rights.

The freedoms of individuals and groups.

7. Parliament and direct democracy

Parliament and the bicameral system.

Members and organs of the Chambers: the status of parliamentarians.

Legislative and regulatory power;

Parliament in the implementation of EU law.

The institutions of direct democracy: the petition, the popular legislative initiative.

The abrogative referendum.

8. The Government and the Public Administration:

The formation of the Government. Trust and no-confidence, government crises;

Individual no-confidence.

Primary and secondary regulatory function of the Government;

9. The President of the Republic.

The figure of the President of the Republic; the function of guarantee, the President as a neutral power.

The election and the presidential mandate.

The powers of the President;

The powers of control, of guarantee, of prerogative, of influence, of political intermediation.

The acts of the President of the Republic: presidential acts deliberated by different bodies, proper presidential acts, presidential acts with complex participation.

The value of the ministerial countersignature.

Presidential responsibilities and offences: the indictment and the judgment of the Constitutional Court.

10. Principles on Public Administration.

The constitutional principles on administration: The principle of legality, impartiality and good performance

The judicial protection of rights and legitimate interests.

11. Regions and Local Government:

Regions and local authorities in Italian institutional history.

The new Title V.

Administrative functions and the principle of subsidiarity.

12. The judicial system

The judicial function.

The judicial organisation.

The autonomy and independence of the judiciary.

The Superior Council of the Judiciary.

13. Constitutional justice

The origins and models of constitutional justice.

The Constitutional Court: composition and functions.

The judgement of constitutional legitimacy: the object and the parameter.

The defects of constitutional legitimacy that may be reviewed.

Access to the judgement of constitutional legitimacy.

The incidental judgement.

The judgment in action.

The typology of judgments and their effects.

Conflicts of attribution.

The judgement on indictment proceedings against the President of the Republic.

The judgement on the admissibility of abrogative referendums

SPECIAL SEMINAR PART

In the second part of the lessons, after the first intermediate examination, one of the three lessons each week will be devoted to the special seminar part concerning The Principle of Equality and the Right to Health.

In this regard, we would like to point out the opportunity to attend the conference on 24 November 2022 entitled: "Equality and Equity of Care. The response of Sex and Gender Medicine'.

The reference text for the seminar part is F. Rescigno, Per un habeas corpus "di genere". Health, female self-determination, sex and gender medicine, Editoriale Scientifica, Naples, 2022.

Readings/Bibliography

T. Groppi - A. Simoncini, Introduction to the study of public law and its sources, Turin, Giappichelli, latest edition

The textbook should be studied INTEGRALLY

F. Rescigno, Per un habeas corpus "di genere". Health, female self-determination, sex and gender medicine, Editoriale Scientifica, Naples, 2022.

This volume is necessary for the seminar part, any chapters to be omitted in the study will be (in case) pointed out during the lessons by the professor (NON-attending students will study the entire volume).

The study of Public Law is based on the Constitution, you can use the one included in the Handbook or get a copy of it to have available ALWAYS during the lectures both in presence and online.

THE TEXTBOOKS ARE THE SAME FOR BOTH ATTENDING AND NON-ATTENDING STUDENTS AND, OF COURSE, FOR BOTH THOSE TAKING THE WRITTEN TESTS AND THOSE TAKING THE ENTIRELY ORAL EXAMINATION.

Teaching methods

After an initial general introduction aimed at learning the tools and methods useful for the study of public law, with particular attention to the fundamental principles contained in the Constitutional Charter, the course will examine the system of the sources of law, starting from the constitutional datum down to the secondary sources, also delving into the international sources and especially the EU sources that are today decisive for our legal system.

Subsequently, the study will focus on the investigation of the form of State and the parliamentary form of government as designed by the Constituent Assembly and materialised in the course of republican life.

Another important stage in the study of Public Law is the examination of fundamental freedoms, among which the principle of equality will be examined in detail, and in this context the seminar part dedicated to the right to health and gender medicine will be essential.

The study of freedoms is directly linked to that of the judicial system and constitutional justice, an instrument for protecting and guaranteeing the entire constitutional order.

The programme will be carried out as much as possible in frontal teaching hours and will be accompanied by optional seminars on the various topics.

It is strongly suggested to attend the conference on Thursday 24 November 2022 entitled: "Equality and equity of care. The response of Sex and Gender Medicine'.

Assessment methods

THERE ARE TWO MODES OF CONDUCT FOR THE PUBLIC LAW EXAMINATION:

1. MODE CONSISTING OF PASSING TWO WRITTEN TESTS CONSISTING OF QUIZZES AND OPEN QUESTIONS

THE FIRST WRITTEN TEST WILL TAKE PLACE APPROXIMATELY HALFWAY THROUGH THE COURSE WHILE THE SECOND WILL TAKE PLACE AT THE END OF THE LESSONS.

THE DATES OF THE TESTS ARE DECIDED BY THE TEACHER AND THERE IS NO PLACE FOR PERSONAL ADJUSTMENTS.

THESE DATES WILL BE ANNOUNCED APPROXIMATELY 7 DAYS IN ADVANCE.

IT IS NOT NECESSARY TO REGISTER FOR THE WRITTEN TESTS, JUST SHOW UP ON THE DAY OF THE TEST AT THE TIME SET BY THE TEACHER.

PASSING THE FIRST WRITTEN TEST IS COMPULSORY FOR ACCESS TO THE SECOND WRITTEN TEST.

THEREFORE IT IS NOT POSSIBLE TO TAKE THE SECOND WRITTEN TEST IF YOU HAVE NOT PASSED THE FIRST.

IF THE SECOND WRITTEN TEST IS NOT PASSED, THE ENTIRE EXAMINATION MUST BE TAKEN ORALLY.

THE EXAMINATION WILL ONLY BE PASSED IF IN BOTH WRITTEN TESTS A POSITIVE RESULT HAS BEEN OBTAINED AND THE AVERAGE RATING OF THE TWO TESTS IS VERBALISED (if accepted).

OTHERWISE THE ENTIRE EXAMINATION WILL BE TAKEN ORALLY.

IN ORDER TO FINALISE THE AVERAGE MARK THE STUDENTS MUST REGISTER (ON ALMAESAMI) FOR A CALL EXPRESSLY DEDICATED ONLY TO THE FINALISATION OF THE EXAMINATION AS INDICATED BY THE LECTURER.

IF YOU DO NOT WISH TO HAVE YOUR AVERAGE GRADE RECORDED BECAUSE IT DOES NOT CORRESPOND TO YOUR EXPECTATIONS OR FOR OTHER REASONS, YOU WILL HAVE TO TAKE THE ORAL EXAMINATION IN FULL.

THE VALIDITY OF THE TWO WRITTEN TESTS IS LIMITED TO THE ACADEMIC YEAR IN WHICH THEY ARE TAKEN.

2. FULLY ORAL EXAMINATION MODE.

IT IS ALSO POSSIBLE TO CHOOSE TO ATTEND THE LESSONS BUT NOT TO TAKE THE WRITTEN TESTS AND THEREFORE TO TAKE THE ENTIRE EXAM ORALLY BY REGISTERING (ON ALMAESAMI) FOR ONE OF THE SCHEDULED EXAMS AFTER THE END OF THE LESSONS.

PLEASE NOTE THAT THOSE WHO DO NOT PASS THE FIRST WRITTEN TEST CANNOT TAKE THE SECOND WRITTEN TEST AND MUST THEREFORE UNDERGO THE ENTIRE EXAMINATION ORALLY.

THOSE WHO PASS THE FIRST TEST BUT NOT THE SECOND MUST STILL TAKE THE ENTIRE ORAL EXAMINATION.

THE TEXTBOOKS ARE THE SAME BOTH THOSE WHO ATTEND AND THOSE WHO DO NOT AND IT IS THE SAME BOTH FOR THOSE WHO TAKE THE WRITTEN TESTS AND FOR THOSE WHO TAKE THE EXAM ENTIRELY ORALLY.

Teaching tools

Power point

dvd

Office hours

See the website of Francesca Rescigno