Public Law

A.Y. 2019/2020
9
Max ECTS
60
Overall hours
SSD
IUS/09 IUS/21
Language
Italian
Learning objectives
The aim of the course is to provide students with the tools to understand and master the main concepts of contemporary constitutionalism and the fundamental institutions of - not only - Italian public law, with particular regard to: the legal phenomenon; the State and its constituent elements; the forms of State; the forms of government; the relationship between the state system and the other legal systems; the institutional system of the European Union and its impact on national law; the system of sources of law in the Italian legal system and its relations with the sources of the European Union; the general principles of the Italian constitutional order; the electoral body and the institutions of direct democracy; the Italian constitutional organization (Parliament, President of the Republic, Government); the regionalism and the local government system; the constitutional principles relating to public administrations; freedoms and fundamental rights; the organization of the judiciary and constitutional justice. The issues will be addressed through the analysis of the institutions, of the constitutional text (to which constant reference will be made during the lectures) and of the main laws, which will also be examined considering the most recent institutional, political and social developments. Furthermore, the necessary tools to develop legal reasoning and to study other legal subjects will be provided.
Expected learning outcomes
At the end of the course the student will know the correct legal methodology and the fundamental notions of Italian public law in its historical evolution, in its current structure and considering the process of European integration. The student will be able to: develop critical and in-depth skills in public law and comparative public law, thanks to the analysis of some jurisprudential cases that will be presented during the lectures; recognize and interpret the constitutional rules and the main laws considering the main issues related to contemporary constitutionalism and public law; communicate knowledge through the proper legal language and the logical reasoning. Attending the lectures is strongly recommended in order to acquire an adequate methodological approach to the study of the discipline.
Single course

This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.

Course syllabus and organization

Single session

Responsible
Lesson period
Third trimester
Course syllabus
The course deals with the systematic study, with an adequate methodological, juridical approach, of the main concepts of contemporary constitutionalism and the fundamental institutions of - not only - Italian public law, with particular regard to: the legal phenomenon; the State and its constituent elements; the forms of State; the forms of government; the relationship between the state system and the other legal systems; the institutional system of the European Union and its impact on national law; the system of sources of law in the Italian legal system and its relations with the sources of the European Union; the general principles of the Italian constitutional order; the electoral body and the institutions of direct democracy; the Italian constitutional organization (Parliament, President of the Republic, Government); regionalism and the local government system; the constitutional principles relating to public administrations; freedoms and fundamental rights; the organization of the judiciary and constitutional justice.
Prerequisites for admission
Preliminary knowledge is not required.
Teaching methods
The course deals with the systematic study, with an adequate methodological, juridical approach, of the main concepts of contemporary constitutionalism and the fundamental institutions of - not only - Italian public law, with particular regard to: the legal phenomenon; the State and its constituent elements; the forms of State; the forms of government; the relationship between the state system and the other legal systems; the institutional system of the European Union and its impact on national law; the system of sources of law in the Italian legal system and its relations with the sources of the European Union; the general principles of the Italian constitutional order; the electoral body and the institutions of direct democracy; the Italian constitutional organization (Parliament, President of the Republic, Government); regionalism and the local government system; the constitutional principles relating to public administrations; freedoms and fundamental rights; the organization of the judiciary and constitutional justice. The course is divided in three parts. The first part of the course deals with the legal phenomenon; the State and its constituent elements; the forms of State; the forms of government; the system of sources of law in the Italian legal system and its relations with the sources of the European Union. The second part of the course deals with the relationship between the state system and the other legal systems; the institutional system of the European Union and its impact on national law; the electoral body and the institutions of direct democracy; the Italian constitutional organization (Parliament, President of the Republic, Government). The third part will deal with the general principles of the Italian constitutional order; the constitutional principles relating to public administrations; freedoms and fundamental rights; the organization of the judiciary and constitutional justice. The teaching method is mainly based on in-class lectures. However, during the course, students will be provided with the opportunity to carry out group works and to conduct researches on subjects connected to those studied in the course. This in order to develop opportunities for collaborative integration between students, and between the latter and the teachers.
Teaching Resources
Reference texts for attending and not attending students:
- first part: P. Bilancia e E. De Marco (a cura di), L'ordinamento della Repubblica. Le Istituzioni e la Società, Padova, CEDAM, 2018, capitoli I, II, III, IV e VII
- second part: P. Bilancia e E. De Marco (a cura di), L'ordinamento della Repubblica. Le Istituzioni e la Società, Padova, CEDAM, 2018, capitoli V, VI, VIII
- third part: P. Bilancia e E. De Marco (a cura di), L'ordinamento della Repubblica. Le Istituzioni e la Società, Padova, CEDAM, 2018, capitoli IX e X.
Assessment methods and Criteria
Attending students can take three partial oral exams, at the end of each module. These aim at verifying not only the knowledge acquired in relation to each specific module, but also their argumentative and critical abilities, as well as their ability to expose the topics. The final exam grade will be determined by the mathematical average of the three grades reported in the three partial oral tests. Attending students may, however, take the exam in a single oral exam, including the three modules.
The exam for non-attending students consists of a single oral exam, including the three modules, to be taken during an examination session among those fixed in the calendar. The exam aims to verify the knowledge of the topics covered in the course and the argumentative and critical abilities of the students
Unita' didattica 1
IUS/09 - PUBLIC LAW
IUS/21 - COMPARATIVE PUBLIC LAW
Lessons: 40 hours
Professor: Cavaggion Giovanni
Shifts:
-
Professor: Cavaggion Giovanni
Unita' didattica 2
IUS/09 - PUBLIC LAW
IUS/21 - COMPARATIVE PUBLIC LAW
Lessons: 20 hours
Professor: Marchetti Gloria
Shifts:
-
Professor: Marchetti Gloria
Professor(s)
Reception:
see website http://www.intgiurpol.unimi.it
see website http://www.intgiurpol.unimi.it