00222 - Constitutional Law (R-Z)

Learning outcomes

The acquisition of the essential lines of the constitutional organization of the state, with particular reference to the formation, composition, powers and interactions of the constitutional bodies, as well as the fundamental principles governing the constitutional system of the sources of law and fundamental rights.

Course contents

Society, Law and State: the characteristics of the legal phenomenon and the constituent elements of the state; The fundamental principles that govern the state organization (separation of powers, etc.) - the system of the sources of law; The notion of the Constitution - The relationship between law and subjective legal situations - The form of government in Italy: Parliament, legislative power and political affairs - Direct democracy institutions: the referendum and the direct legislative initiative - The executive power: Government and public administration - Judicial power: the division between the various organs of judicial function - The President of the Republic - The Constitutional Court - Freedoms: Rights and duties of citizens; Negative Freedom and Positive Freedom - The Autonomy of Social Formations - The System of Territorial Autonomies: Regions, Provinces and Municipalities.

Within the special part of the course, the issues relating to the European constitution and the European Constitution will be deepened; The values and constitutional principles of the European Union; European citizenship; The institutes of representative and participatory democracy; European integration in the Italian Constitution; The allocation of powers between the European Union and the Member States; The form of European state-order; The institutional and institutional structure of the European Union; The "form of government" of the Union; Sources of European law and their relations with national sources; The guarantee system: the judiciary and constitutional justice of the European Union; The multilevel protection of fundamental rights.

Readings/Bibliography

The basic text for preparing the general exam is, alternatively, one of the following manuals:

A. BARBERA, C. FUSARO, Course of Constitutional Law, Bologna, Mulino, 2016, entirely.

L. MEZZETTI, Constitutional Law, Giuffré, Milan, 2016, entirely.

G. De VERGOTTINI, Constitutional Law, Cedam, Padua, 2017, entirely.

The basic text for the preparation of the special part of the exam is, at the student's choice, one of the following volumes:

1) C. BOTTARI, Profili innovativi del sistema sanitario, Giappichelli, 2018, limited to chapters 1, 2, 3, 4 e 5.

2) A. MORRONE, Constitutional law in the jurisprudence, Padua, Cedam, V edition, 2016, limited to 3 topics chosen for each chapter;

3) G. DE VERGOTTINI, Beyond the dialogue between the Courts. Judges, Foreign Law, Comparison, 2010, Il Mulino, entirely;

4) R. NANIA (ed.), The Constitutional Evolution of Fundamental Freedoms and Fundamental Rights,Giappichelli, 2012, all.

For the purpose of preparing the exam, it is advisable to consult an updated Constitutional Law Code [L. MEZZETTI - M. BELLETTI, Constitutional Code, IV edition, Giappichelli Editore, Turin, 2012].




Integrative Activities of Constitutional Law

Students who must complete 3 to 4 training credits must prepare the following text:
- A. MORRONE, Constitutional law in the jurisprudence, Padua, Cedam, 2016, limited to 3 topics chosen for each chapter.

Students who must complete 2 to 1 training credits must prepare the following text:
- A. MORRONE, Constitutional law in the jurisprudence, Padua, Cedam, 2016, limited to 3 topics chosen for each of chapters 1, 3 and 5.

Assessment methods

Lessons will be held in the first semester and, therefore, those who obtain the attestation of frequency in A.A. 2017/2018 will be able to take the exam from January 2018.

The profit test consists of a first written test in the form of multiple-choice tests, the passing of which will condition the admission to the second test, which will take place following an oral interview.

Entry to the first test (through on-line procedures) also includes the one for the second test.

Integrative Activities of Constitutional Law

The examination, in order to support the integration of the training credits, is the only oral test.




Thesis

The assignment of the degree thesis takes place after enrollment in the list and subsequent interview with the teacher.

In particular, the assignment of the thesis must be entered in a special list, held by the collaborator in charge of Dr. Federico Laus (federico.laus@unibo.it [mailto: federico.laus@unibo.it]).

To subscribe to the list it is necessary that they remain to support no more than 3 examinations.

The assignment of theses to students thus enrolled takes place collectively four times a year (usually in October, February / March, May and July).

On that occasion, a series of titles will be proposed, but it is possible to report their preferences about the subject of the dissertation project, without prejudice to the final choice of the teacher.

The assignment of theses takes place according to a chronological criterion, respecting the maximum roof provided by the chair, noting the maturity of the course attendance and the convincing manifestation of interest in the subject. Therefore, we recommend a certain advance in the application form.

A copy of the completed thesis must be delivered to the lecturer at least one month before the deadline for online submission of the dissertation.

Office hours

See the website of Carlo Bottari