Constitutional law

A.Y. 2020/2021
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

Surname A-C

Responsible
Lesson period
year
Teaching Methods:
Two of the three weekly lessons will be held in attendance. These lessons will be synchronously transmitted on the Microsoft Teams platform. The third lesson will be held synchronously on the Microsoft Teams platform.
All lessons can also be followed asynchronously because recorded and left available to students on the Microsoft Teams platform and Ariel.
Syllabus and Bibliography:
The program and the Bibliography will not be changed
Assessment methods and criteria:
The exam will take place in oral form using the Microsoft Teams platform or, where permitted, in presence, always in oral form.
The evaluation criteria remain unchanged.
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 and case-studies.
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

Surname D-L

Responsible
Lesson period
year
Classes will take place three days a week.
Two days out of three, blended classes will take place: some students will be able to attend the class face to face but the classes will be streaming and will be also recorded for those who won't be in class (available on Ariel).
On the third day, the lesson will take place online through the Teams Platform.
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
- . Violini, Q. Camerlengo (a cura di), Lineamenti di diritto costituzionale della Regione Lombardia - estratto, Torino, Giappichelli, 2014
- A. Pisaneschi, Diritto costituzionale, Torino, Giappichelli, ultima edizione disponibile or M. D'Amico, G. Arconzo, S. Leone, Lezioni di diritto costituzionale, Franco Angeli ed., Milano, ultima edizione disponibile
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

Surname M-Q

Responsible
Lesson period
year
Teaching method
Two of the three weekly lessons will be held in presence. These lessons will be synchronously transmitted on the Microsoft Teams platform. The third lesson, according to the first semester timetable, will be held synchronously on the Microsoft Teams Platform.
All lessons can also be followed asynchronously because they are recorded and made available to students on the same Microsoft Teams platform and Ariel.

Program and material
The program and the material will not be changed.

Learning verification and evaluation criteria
The exam will take place in oral form using the Microsoft Teams platform or, if permitted, in presence, always in oral form.
The evaluation criteria will not be changed.

There could be variations due to the development of the health situation.
In any case, in the event that it would be impossible to attend in presence, the development of distance learning would be guaranteed.
Course syllabus
The teaching program includes the following topics:
I 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;
II semester:
- Government and its formation;
- President of the Republic;
- Judicial power and the Superior Council of the Magistracy;
- Constitutional justice (incidental judicial review, the "giudizio costituzionale in via principale", the judgment of admissibility of the abrogative referendum, the conflicts between entities and 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 prerequisites
Teaching methods
Teachers will use: a) lectures; b) thematic insights proposed 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. First year students who want to give the exam in two parts are invited to follow the program division and the related materials on the Ariel platform.
b) Students who establish attendance and students who do not establish attendance:
- N. Zanon - F. Biondi, The constitutional system of the judiciary, Zanichelli 2019, chapters I, II, III
c) Suggested readings:
- V. Onida, La Costituzione. La legge fondamentale della Repubblica, Il Mulino, 2017.
- M. D'Amico, Una parità ambigua. Costituzione e diritti delle donne, Raffaello Cortina Editore, edizione in uscita nel 2020.
Students are also invited to examine the additional material that will be published, during the lessons, on the Ariel platform.
Assessment methods and Criteria
The final test will be oral and the evaluation is expressed with a mark in thirtieths, with possible praise. The evaluation 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.
For first year students 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 will remain until the last appeal of examination 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 whole 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 textbook, the reference pages will be indicated on Ariel.
Class changes will only be granted if there are serious and proven reasons preventing students from attending the course. Students who wish to obtain a change of class will have to submit a request to the class Professor, mentioning the new class' professor requested. Once the incompatibility has been established and with the consent of the Professor of destination, the Professor of origin will issue the relevant certificate.
Erasmus students: no specific program.
IUS/08 - CONSTITUTIONAL LAW - University credits: 13
Lessons: 91 hours

Surname R-Z

Responsible
Lesson period
year
Lectures will be delivered live with simultaneous streaming online.
All the information will be published on the Ariel dedicated website where any changes due to a new eventual lockdow will be promptly communicated.
The final exam will be oral.
If it will be impossible to hold the oral exam face to face, it will take place remotely, via Microsoft Teams. On the Ariel dedicated website will be published the necessary information.
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 (except revocatory referendum)
- Parliament
- Government
- President of the Republic
- Judiciary
- Regions

II semester
- Sources of law
- Interpretation criteria
- Constitutional amendment procedure
- Primary legislation (included revocatory referendum)
- 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.
About Constitutional justice and human rights: B. RANDAZZO, La giustizia costituzionale alla prova dell'integrazione europea, ed. Giappichelli, Torino, forthcoming.
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