Constitutional law

A.Y. 2019/2020
13
Max ECTS
91
Overall hours
SSD
IUS/08
Language
Italian
Learning objectives
Aim of the course is to analyze the following issues: origin and history of the Italian modern state; legislative, executive, and judicial branches; the President of the Republic; Constitutional justice; sources of law before and after the process of European integration and the case law on the European Convention on Human Rights; rules of statutory interpretation; direct democracy tools; fundamental rights; Italian regional system.
At the end of the course the student will have an in-depth knowledge of the course topics. The student will also acquire a reasoning method suitable for dealing with more specific and complex legal issues.
Expected learning outcomes
· Knowledge and understanding: students shall know the fundamental aspects of the Italian constitutional law and the characters of its institutional structure;
· Applying knowledge and understanding: students shall be able to employ notions acquired during the course to the understanding of current events, ongoing case law and pending constitutional reforms;
· Making judgements: students shall be able to make accurate judgments on constitutional law issues;
· Communication: students shall be able to express notions and opinions correctly, using the appropriate terminology;
· Lifelong learning skills: students shall acquire good individual study skills.
Course syllabus and organization

Cognomi A-C

Responsible
Lesson period
year
Course syllabus
First semester:
- origin and history of the Italian modern state
- forms of state and forms of government
- sources of law
- fundamental rights (individual and collective freedom; social and economic freedom; political freedom)
II semester
- electoral systems
- the Parliament
- the Government
- the President of the Republic
- the Regions and local administrations
- the Judiciary
- Constitutional justice
Prerequisites for admission
None
Teaching methods
The course will be structured on lectures; case-studies; and optional written tests.
Teaching Resources
M. D'Amico, G. Arconzo, S. Leone, Lezioni di diritto costituzionale, Milano FrancoAngeli 2018
V. Angiolini, Sulla rotta dei diritti, Torino Giappichelli 2016.
Assessment methods and Criteria
The final test is oral. The assessment takes into account the ability to organise knowledge in a discursive way, the ability to reason critically and the quality of exposure, the competence in the use of vocabulary.
Exclusively for first-year students, the oral test can be taken in two parts:
-the first part must take place before the end of the winter session.
-the second part, accessible only by those who have passed the first part in the previous winter session, must take place by the end of the summer session

The final mark/grade will be expressed in **/30.
IUS/08 - CONSTITUTIONAL LAW - University credits: 13
Lessons: 91 hours
Professor: Angiolini Vittorio

Cognomi D-L

Responsible
Lesson period
year
Course syllabus
The teaching program includes the following topics:
I semester:
· Origins and historical developments of the Italian constitutional state (from the Albertine Statute to the Constitution)
· Constitutional review
· Institutes of direct democracy
· Parliament
· Government
· President of the Republic
· Fundamental rights

II semester:
· Constitutional court and constitutional justice
· Judiciary
· Regions and local authorities
· Sources of law
Prerequisites for admission
No prerequisites are required
Teaching methods
Professors will use: a) lectures; b) thematic insights proposed to students (with particular regard to the analysis of constitutional case-law).
Students who cannon attend the class, can submit to the class' professor a written request in  order to change the class. The written request must specify the reasons of the impediment and give evidence of the seriousness of it. The class Professor,  with the prior consent of the new class' professor, will issue a certificate attesting the change of class. 
Teaching Resources
A. Pisaneschi, Diritto costituzionale, Torino, Giappichelli, 2018
L. Violini, Q. Camerlengo (a cura di), Lineamenti di Diritto Costituzionale della Regione Lombardia - estratto, Torino, Giappichelli, 2014
Assessment methods and Criteria
The final exam will be oral. The evaluation of the question will take into account, in addition to the acquisition of the contents of the teaching, the ability to organize the knowledge discursively, the capacity for critical reasoning, the quality of the exposure, the competence in the use of the proper lexicon.
First year students can take an oral exam on the first part of the course at the end of the fall semester. For those passing it, the final exam will regard exclusively the subjects studied in the second part of the course. This applies only if the final exam is taken in the summer session following the end of the course.
IUS/08 - CONSTITUTIONAL LAW - University credits: 13
Lessons: 91 hours

Cognomi M-Q

Responsible
Lesson period
year
Course syllabus
The teaching program includes the presentation and treatment of the following topics:
First semester:
- Origins and historical developments of the modern constitutional state and, in particular, of the Italian one (from the Albertine Statute to the Constitutional Charter);
- Forms of state and forms of government
- The sources of law (Constitution, primary sources and acts having the force of law, regulations, international treaties and EU sources) and the criteria for resolving antinomies;
- Electoral systems
- Parliament and parliamentary immunity

The semester:
- Government and its formation
- President of the Republic
- Judicial power and the Superior Council of the Magistracy
- Constitutional justice (cross-appeal, main proceedings, admissibility of the abrogating referendum, conflicts between entities and between powers)
- Fundamental rights (individual and collective freedom; social and economic freedom; political freedom)

The examination of constitutional law is preparatory to the examinations of all the disciplines of the following years.
Prerequisites for admission
Being an exam of the first year, first semester, there are no specific requirements other than those required for access to the degree course.
Teaching methods
Teachers will use: a) frontal lessons; b) thematic insights offered to students c) self-assessment test d) materials published on the Ariel platform.
Teaching Resources
a) Students who establish attendance and students who do not establish attendance: M. D'Amico, G. Arconzo, S. Leone, Lezioni di diritto costituzionale, FrancoAngeli, 2018. Students enrolled in the first year who want to give the exam in two parts are invited to follow the division of the program and the related materials on the Ariel platform.
b) Students who establish attendance and Students who do not establish attendance shall choose between:
- N. Zanon - F. Biondi, The constitutional system of the judiciary, Zanichelli 2019, chapters I, II, III
- M. D'Amico, I diritti contesi, Franco Angeli, 2016, four chapters of your choice.
Students are also invited to consult the additional material that will be published, during the lessons, on the Ariel platform.
Assessment methods and Criteria
The final test of the teaching profit is carried out by means of an oral question and the evaluation is expressed with a mark in thirtieths, with possible praise. The evaluation of the question takes into account not only the acquisition of the contents of the teaching, but also the ability to organize discursively the knowledge of the subject.
Only for students enrolled in the first year, the oral test may be taken in two parts:
- The first part must take place before the end of the winter session and will cover the topics taught in the first semester. The positive evaluation reported will remain firm until the last appeal of the summer session;
-The second part, accessible only to those who have passed the first part of the previous winter session, must take place before the end of the summer session and will cover the topics taught in the second semester.
For students from the second year onwards, the exam must be taken orally, on the entire program.
With regard to the supplementary program in case of transition from the Bachelor's Degree in Legal Studies to the one-cycle Master's Degree in Law, students will have to prepare the part related to freedom rights and constitutional justice. With reference to the adopted textbook, the reference pages will be indicated on Ariel.
Chair changes will only be granted if there are serious and proven reasons preventing students from attending the courses. Students who wish to obtain a change of professorship will have to apply to the teacher holding their own professorship, mentioning the professorship to which they wish to apply for a change of professorship. Once the incompatibility has been established and with the consent of the teacher of destination, the teacher of origin will issue a certificate of change of professorship.
There are no specific programs for Erasmus students.
IUS/08 - CONSTITUTIONAL LAW - University credits: 13
Lessons: 91 hours

Cognomi R-Z

Responsible
Lesson period
year
Course syllabus
I semester
- Italian historical constitutional developments: from the so-called "Albertine Statute" to the Republican Constitution
- Constitutional principles
- Form of government
- Direct democracy Institutions
- Parliament
- Government
- President of the Republic
- Judiciary
- Regions

II semester
- Sources of law
- Interpretation criteria
- Constitutional amendment procedure
- Primary legislation
- European sources of law
- Jurisprudential law
- Secondary legislation
- Constitutional Court
- Constitutional justice
- Fundamental rights
- Constitutional duties.

Integration programme moving from the Sciences of Legal Services bachelor to the single-cycle master of Law: Constitutional justice and fundamental rights.
Prerequisites for admission
No prerequisite skills are required.
Teaching methods
Professors will use: a) lectures; b) thematic insights proposed to students available on the dedicated Ariel website (legislative and jurisprudential materials)
Even if the attendance is not mandatory it is warmly recommended.
Attending students could have the opportunity to participate to team competitions (such as simulation trials) and to visit Italian Institutions (Parliament, Constitutional Court, High Council of the Judiciary).
The attendance to two-thirds lessons is required to be considered attending student.
If serious reasons do not allow students to attend the lessons of this constitutional course, they can ask the professor for the permission to attend another constitutional course.
Teaching Resources
R. BIN - G. PITRUZZELLA, Diritto costituzionale, ed. Giappichelli, Torino, latest edition.
Assessment methods and Criteria
The final exam will be oral. The assessment will take into account: the knowledge of the programme contents, the ability for critical reasoning and for comprehensive and thorough oral exam, the capacity to properly use the legal language.
A preliminary test about the sources of law should be passed for the admission to the oral exam (see R. BIN - G. PITRUZZELLA, Diritto costituzionale, latest edition, chapters. VIII, IX, X, XI, XII).
The preliminary test is passed answering correctly to 6 multiple choise questions to 10 and answering in a sufficient way to the opened question. Available time 45 minutes.
The passed preliminay test will be considered valid for the whole exam session (December-February; June-September).
First year students can take an oral exam on the first part of the course at the end of the first semester (see R. BIN - G. PITRUZZELLA, Diritto costituzionale, latest edition: chapters I-VII).
For those passing it, the final exam will regard exclusively the subjects studied in the second part of the course, after passing the preliminary test. The final mark will be just one.
First year students are allowed to pass the exam on the whole programme just starting from the June-September session.
IUS/08 - CONSTITUTIONAL LAW - University credits: 13
Lessons: 91 hours
Professor(s)
Reception:
Friday, 13.30 - 15.30, by appointment only
Administrative and Constitutional Law Library