The course aims to enable students to learn the main legal issues concerning fundamental rights. In particular, to learn the ability to use a systematic interpretation, considering the normative dispositions as a part of a general system, in which each forecast is closely correlated with another. More particularly, students will therefore be able to learn the meaning of human dignity, of the principle of equality, which govern the Italian constitutional system and others From here it will be possible to understand and learn the theme of personal freedom, the criminal question in a constitutional perspective, as well as the issue of prisoners' rights, the death penalty and life imprisonment.
Expected learning outcomes
Knowledge and understanding The course intends to deepen, with a legal and instutional approach, the problem of fundamental rights, in the Italian legal system and also in a comparative, European and international perspective. The aim is to make the main texts to which reference should be made on the subject as easy as possible for the students, as well as the most important decision-making techniques adopted by the judges. First of all, the reference will be to the Italian legal system, to the Constitution and to constitutional jurisprudence which, over time, has recognized and increasingly contributed to guaranteeing the protection of fundamental rights. Particular attention will also be given to the European system, both as regards the European Union and its Charter of Fundamental Rights, as well as with reference to the Council of Europe and the European Convention on Human Rights, in both cases dealing with both legislative texts both with the jurisprudence of the Courts of Luxembourg and Strasbourg. We will not fail to pay particular attention to the international order and to some States which, in the comparative scenario, undoubtedly constitute a point of reference, sometimes positive, others less so. Finally, the course will also have a more monographic part, in which the most important principles of criminal constitutional law will be analyzed, especially concerning penalties, from personal freedom to the rehabilitative function, up to treating the subject of the rights of prisoners, of the prison conditions and the question of the death penalty and life imprisonment. Ability to apply knowledge and understanding The course aims to make the student able to apply the main concepts of contemporary constitutionalism concerning fundamental rights to problems, issues and cases which, although occurring in different contexts, require an increasingly homogeneous background. Autonomy of judgment The course aims to make the student able to form an autonomous interpretation, from the legal point of view, of political-institutional and social events concerning fundamental rights. Communication skills The course aims to make the student able to illustrate, even to non-specialist interlocutors, the main concepts of contemporary constitutionalism applied to the theme of fundamental rights, with properties of language and expository clarity. Learning ability The course aims to provide students with knowledge and methodological skills related to the phenomenon of fundamental rights, also with a view to further study in the course of study.
Lesson period: Third trimester
(In case of multiple editions, please check the period, as it may vary)
Human dignity. The principle of equality. Personal freedom. Constitutional criminal law (prohibition of torture, preventive detention, judicial error, legality, non-retroactivity, criminal liability, re-socialisation). Death penalty. Life imprisonment
Prerequisites for admission
none, only attendance to lessons
The lessons will be according to the classic frontal method. Nonetheless, the lessons will be audio-video recorded and uploaded on the official website of the course www.lifeimprisonment.eu. The same applies to specialist seminars, to which professors, experts and operators among the most qualified of the subject matter of the study will be invited.
- Paulo Pinto de Albuquerque, I diritti umani in una prospettiva europea. Opinioni concorrenti e dissenzienti (2011-2015), a cura e con un saggio di Davide Galliani, prefazione di Paola Bilancia, Giappichelli, Torino, 2016 (il saggio iniziale e almeno 10 opinioni) - Emilio Dolcini, Elvio Fassone, Davide Galliani, Paulo Pinto de Albuquerque, Il diritto alla speranza. L'ergastolo nel diritto penale costituzionale, Prefazione di Mauro Palma, Giappichelli, Torino, 2019 - Davide Galliani, La più politica delle pene. La pena di morte, Cittadella Editrice, Assisi, 2012.
Assessment methods and Criteria
The exam takes place in an oral test, consisting normally of two questions, each on a topic of a teaching unit, aimed at ascertaining the full knowledge aof the subject and the ability to expose it methodically logical-systematic and technical-legal language properties (possibly also to frame new phenomena or case studies).