Constitutional law

A.Y. 2020/2021
9
Max ECTS
63
Overall hours
SSD
IUS/08
Language
Italian
Learning objectives
At the end of the course the student who has successfully learned the subject will have a thorough knowledge of the course topics, with the acquisition of a reasoning method suitable for dealing with more specific and complex legal problems with respect to the institutional notions of constitutional law.
Expected learning outcomes
The teaching activity aims to provide students with:
· Knowledge of the characteristic elements of the Italian form of government, of the system of sources of law, of fundamental rights and of constitutional justice as well as of the form of state, with particular regard to the Regions;
· Ability to apply the concepts learned in relations to specific case-law and to know how to tailor them in the current situation, also through the identification and interpretation of the relevant regulatory provisions and the jurisprudence;
· Ability to defend a legal point of view with reference to the topics learnt during the course;
· Ability to express the acquired notions with argumentative coherence, systematic method and language properties;
· Ability to detach the historical and evolutionary profiles of constitutional law as well as learning skills suitable for allowing the continuation of studies with a high degree of autonomy.
Course syllabus and organization

Surname A-L

Responsible
Lesson period
First semester
Course syllabus
Program of the course: The course (63 hours) focuses on the fundamental institutions of the Italian constitutional legal order, paying attention to the relations between public authority and private individuals, and to the form of government.
The following macro-area of constitutional legal studies will be dealt with: introductory notions on the concepts of State and legal order, sources of law, issues related to the form of state and government, electoral systems, structure and functions of the Parliament and the Government, role and functions of the Guardians of the Constitution (President of the Republic and Constitutional Court), fundamental principles regarding the organization of the judiciary power.
Analytical Program:
Lesson n. 1- Presentation of the course. Forms of State and forms of government
Lesson n. 2 - Constitutional state
Lesson n. 3 - General principles on the sources of law
Lesson n. 4 - Interpretation of legal rules
Lesson n. 5 - Criteria of resolution of clashes between sources of law (hierarchy, chronology and competence)
Lesson n. 6 - Constitutional sources of law: Constitution and art. 138 (constitutional review procedure and its limits)
Lesson n. 7 - Law
Lesson n. 8 - Decree law
Lesson n. 9 - Legislative decree
Lesson n. 10 - Referendum
Lesson n. 11 - Regional laws and parliamentary regulations
Lesson n. 12 - Secondary sources and other sources
Lesson n. 13 - Supranational law
Lesson n. 14 - Electoral systems - part I
Lesson n. 15 - Electoral systems - part II
Lesson n. 16 - Parliament: the organization
Lesson n. 17 - Parliament: the functions
Lesson n. 18 - Status of the parliamentarian
Lesson n. 19 - Government: the formation
Lesson n. 20 - Government: the composition, the competences and the relationships between internal organs
Lesson n. 21 - Relations between Government and Parliament: trust and government crises
Lesson n. 22 - President of the Republic: election, impairment and destitution
Lesson n. 23 - President of the Republic: role and functions
Lesson n. 24 - President of the Republic: role and functions (part II)
Lesson n. 25 - Irresponsibility of the President of the Republic and the ministerial counter-signature
Lesson n. 26 - Judiciary power: fundamental principles
Lesson n. 27 - Independence and impartiality of the judiciary power
Lesson n. 28 - Autonomy of the Judiciary and role of the CSM. The responsibility of judges and prosecutors
Lesson n. 29 - Constitutional Court: composition
Lesson n. 30 - Constitutional Court: functions
Lesson n. 31 - Regions
Lesson n. 32 - Final revision lesson (student questions)

Erasmus students: No specific programmes for Erasmus students
Prerequisites for admission
None
Teaching methods
- Frontal lessons
- Possibility to ask questions to the teacher and questions or challenges from the teacher during the classes
- During the course, one or two self-assessment tests will be performed
Teaching Resources
M. D'AMICO, G. ARCONZO, S. LEONE, Lezioni di diritto costituzionale, Milano, Franco Angeli, 2018, Capthers I, II, III, IV, V, VI, VII, VIII and Chapter IX from §1 to § 4.

Erasmus students: No specific programmes for Erasmus students
Assessment methods and Criteria
Students (attending as well as not-attending, although the attendance is recommended), can take the oral exam in any of the date scheduled starting from December 2018. The maximum grade will be 30/30; the minimum grade will be 18/30.
IUS/08 - CONSTITUTIONAL LAW - University credits: 9
Lessons: 63 hours
Professor: Pellizzone Irene

Surname M-Z

Responsible
Lesson period
First semester
Lectures will be delivered partly live with simultaneous streaming online, and partly remotely, according to a timetable that each lecturer will publish on the course page on Ariel.
Recorded lessons will be available on Ariel platform until the end of the course.

The course syllabus and reference material are unchanged.
At the end of the course (December 2020), students who have regularly attended the lessons can face a written optional exam (30 multiple choice test + two open question) attributing 100% of the final grade and they they can sit the general oral exam if they fail the written exam.

For the rest of the academic year the exam will take place orally on the Microsoft Teams platform.
If the health situation allows it, compatibly with the necessary safety conditions, the exam will take place in the classroom.
However, the possibility of carrying out the exam remotely will be ensured for students who are unable to move from their place of residence.
Updates will be available on the Ariel website of the course, which is therefore good to consult regularly.
Course syllabus
Program of the course: The course (63 hours) focuses on the fundamental institutions of the Italian constitutional legal order.
The following macro-area of constitutional legal studies will be dealt with: introductory notions on the concepts of State and legal order, sources of law, issues related to the form of state and government, electoral systems, structure and functions of the Parliament and the Government, role and functions of the Guardians of the Constitution (President of the Republic and Constitutional Court), fundamental principles regarding the organization of the judiciary power.
Analytical Program:
Lesson n. 1- Presentation of the course. Forms of State and forms of government
Lesson n. 2 - Constitutional state
Lesson n. 3 - General principles on the sources of law
Lesson n. 4 - Interpretation of legal rules
Lesson n. 5 - Criteria of resolution of clashes between sources of law (hierarchy, chronology and competence)
Lesson n. 6 - Constitutional sources of law: Constitution and art. 138 (constitutional review procedure and its limits)
Lesson n. 7 - Law
Lesson n. 8 - Decree law
Lesson n. 9 - Legislative decree
Lesson n. 10 - Referendum
Lesson n. 11 - Regional laws and parliamentary regulations
Lesson n. 12 - Secondary sources and other sources
Lesson n. 13 - Supranational law
Lesson n. 14 - Electoral systems - part I
Lesson n. 15 - Electoral systems - part II
Lesson n. 16 - Parliament: the organization
Lesson n. 17 - Parliament: the functions
Lesson n. 18 - Status of the parliamentarian
Lesson n. 19 - Government: the formation
Lesson n. 20 - Government: the composition, the competences and the relationships between internal organs
Lesson n. 21 - Relations between Government and Parliament: trust and government crises
Lesson n. 22 - President of the Republic: election, impairment and destitution
Lesson n. 23 - President of the Republic: role and functions
Lesson n. 24 - President of the Republic: role and functions (part II)
Lesson n. 25 - Irresponsibility of the President of the Republic and the ministerial counter-signature
Lesson n. 26 - Judiciary power: fundamental principles
Lesson n. 27 - Independence and impartiality of the judiciary power
Lesson n. 28 - Autonomy of the Judiciary and role of the CSM. The responsibility of judges and prosecutors
Lesson n. 29 - Constitutional Court: composition
Lesson n. 30 - Constitutional Court: functions
Lesson n. 31 - Regions
Lesson n. 32 - Final revision lesson (student questions)

Erasmus students: No specific programmes for Erasmus students
Prerequisites for admission
None
Teaching methods
- Frontal lessons
- Possibility to ask questions to the teacher and questions or challenges from the teacher during the classes
- During the course, one or two self-assessment tests will be performed
Teaching Resources
M. D'AMICO, G. ARCONZO, S. LEONE, Lezioni di diritto costituzionale, Milano, Franco Angeli, 2018, Capthers I, II, III, IV, V, VI, VII, VIII and Chapter IX from §1 to § 4.

Erasmus students: No specific programmes for Erasmus students
Assessment methods and Criteria
Students (attending as well as not-attending, although the attendance is recommended), can take the oral exam in any of the date scheduled starting from December 2018. The maximum grade will be 30/30; the minimum grade will be 18/30.
Students can face a written optional exam at the end of the course focused on the course contents (20 multiple choice test + one open question) attributing 100% of the final grade.
Students can sit the general oral exam if they fail the optional written exam.
IUS/08 - CONSTITUTIONAL LAW - University credits: 9
Lessons: 63 hours
Professor(s)
Reception:
Wednesday at 17.00
Room at ground floor, Department of Public Law