Complementary Course: "the Forms of Government: Archetypes"
A.Y. 2020/2021
Learning objectives
Aim of the course is to consolidate students' knowledge around a central theme in the study of constitutional law, such as the form of government. The students, in particular, after analyzing the different classifications made in the subject, will deepen the different organizational models of the division of powers typical of the liberal state form and its democratic-social evolution. They will study in particular the forms of the pure constitutional monarchy, the parliamentary government, the presidential and semi-presidential government and the directorial system.
At the end of the course students will improve their knowledge of the concepts learned in the basic constitutional law courses and will gain a basic knowledge of other western constitutional systems.
At the end of the course students will improve their knowledge of the concepts learned in the basic constitutional law courses and will gain a basic knowledge of other western constitutional systems.
Expected learning outcomes
- students shall know the main classifications made about the concept of form of state and form of government;
- students shall know significant aspects related to constitutional models belonging to the Western legal tradition;
- students shall know characteristic elements of the Italian form of government;
- students shall know extra-legal variables, which influence the reality of individual models;
- students shall know the historical evolution of the different models of government;
- students will be able to identify historical and evolutionary profiles of constitutional law and will be able to create connections between the different models (also existing in the past);
- students shall acquire good argumentative skills on the topics studied in the module;
- students shall be able to express notions correctly, using the appropriate terminology;
- students shall be able to make accurate judgments on the topics studied;
- students shall acquire good individual study skills necessary for the continuation of public law studies.
- students shall know significant aspects related to constitutional models belonging to the Western legal tradition;
- students shall know characteristic elements of the Italian form of government;
- students shall know extra-legal variables, which influence the reality of individual models;
- students shall know the historical evolution of the different models of government;
- students will be able to identify historical and evolutionary profiles of constitutional law and will be able to create connections between the different models (also existing in the past);
- students shall acquire good argumentative skills on the topics studied in the module;
- students shall be able to express notions correctly, using the appropriate terminology;
- students shall be able to make accurate judgments on the topics studied;
- students shall acquire good individual study skills necessary for the continuation of public law studies.
Lesson period: Second semester
Assessment methods: Attestato frequenza
Assessment result: con verifica abilita
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
Second semester
The lessons will be held on the Microsoft Teams platform (MT) and can be followed both synchronously - on the time of the second semester - and asynchronously, because they will be recorded and left available to students on the same platform. If the health situation allows and in compliance with the current indications, the lessons may be held in the classroom. Students will be appropriately informed through notices on the Ariel website of the course "Constitutional Law"
Course syllabus
State and government forms: concepts and historical evolution of models
The type of state: a further classification
The government:
- characteristics of the Italian form of government in the First and Second Republics;
- the relationship between Government and Parliament: the motion of confidence
- the formation of the Government
- the government crisis: the motion of no confidence
- the "question of trust"
- the structure of the government
- sources of regulation
- the art. 95 of the Constitution
- the President of the Council of Ministers
- the Council of Ministers
- the ministers as partners in the political direction function. The Public administration.
- the responsibility of the Prime Minister and the ministers
- the functions of the government
- unnecessary government bodies
- the auxiliary organs of the government
Parliament:
- parliaments: single-chamber and dual-chamber systems
- structure of the Italian Parliament
- perfect Italian bicameralism: features
- Parliament in joint session
- the autonomy of the Chambers
- Rules of procedure. Interna corporis acta and their unquestionability
- the organization of the chambers: Groups, Standing Committees, Special Committees
- the term of office of the Parliament, the extension
- parliamentary prerogatives before and after 1993
- the functions of the Chambers
- notes on the electoral systems and on the electoral system currently in force
The president of the Republic:
- election procedure
- the institution of the countersign
- responsibility of the President of the Republic
- the activities of the President of the Republic
The type of state: a further classification
The government:
- characteristics of the Italian form of government in the First and Second Republics;
- the relationship between Government and Parliament: the motion of confidence
- the formation of the Government
- the government crisis: the motion of no confidence
- the "question of trust"
- the structure of the government
- sources of regulation
- the art. 95 of the Constitution
- the President of the Council of Ministers
- the Council of Ministers
- the ministers as partners in the political direction function. The Public administration.
- the responsibility of the Prime Minister and the ministers
- the functions of the government
- unnecessary government bodies
- the auxiliary organs of the government
Parliament:
- parliaments: single-chamber and dual-chamber systems
- structure of the Italian Parliament
- perfect Italian bicameralism: features
- Parliament in joint session
- the autonomy of the Chambers
- Rules of procedure. Interna corporis acta and their unquestionability
- the organization of the chambers: Groups, Standing Committees, Special Committees
- the term of office of the Parliament, the extension
- parliamentary prerogatives before and after 1993
- the functions of the Chambers
- notes on the electoral systems and on the electoral system currently in force
The president of the Republic:
- election procedure
- the institution of the countersign
- responsibility of the President of the Republic
- the activities of the President of the Republic
Prerequisites for admission
None
Teaching methods
Frontal lessons and sending of didactic material in power point mode
Teaching Resources
A. Pisaneschi, Diritto costituzionale, Giappichelli, 2019 limited to the following chapters:
Part III - Chapter I (pp. 237-272)
Part III - Chapter II (pp. 277-279; pp. 290-302; pp. 305-319, p. 321)
Part III - Chapter III (pp. 325-329; pp. 331-337; pp. 341-344)
Part III - Chapter IV (pp. 351-376)
Students will also need to know the slides provided during the lessons
Part III - Chapter I (pp. 237-272)
Part III - Chapter II (pp. 277-279; pp. 290-302; pp. 305-319, p. 321)
Part III - Chapter III (pp. 325-329; pp. 331-337; pp. 341-344)
Part III - Chapter IV (pp. 351-376)
Students will also need to know the slides provided during the lessons
Assessment methods and Criteria
Knowledge of the topics will be assessed through written tests at the end of each thematic block.
Participation in the tests will be allowed only to students who have participated in all lessons
Participation in the tests will be allowed only to students who have participated in all lessons
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 3
Lessons: 20 hours
Professor:
Della Malva Mirko Pio
Professor(s)