Constitutional Law and the Judiciary
A.Y. 2020/2021
Learning objectives
The course aims to provide students with fundamental legal notions and tools to understand the organization of ordinary and special judiciaries and the role they play in the constitutional order. The course aims also to provide students with in-depth knowledge of the issues related to the exercise of the judicial function by ordinary magistrates
Expected learning outcomes
The aim of the course is for students to achieve:
- the ability to systematically interpret the constitutional, legislative and regulatory provisions that outline the organization and activity of the judicial order;
- ability to understand the important role that the judicial function plays in constitutional systems,
- ability to critically analyze the institutions examined;
- ability to elaborate the principles and rules studied and apply this knowledge to specific cases;
- ability to argue interpretative theses autonomously using appropriate technical language.
- the ability to systematically interpret the constitutional, legislative and regulatory provisions that outline the organization and activity of the judicial order;
- ability to understand the important role that the judicial function plays in constitutional systems,
- ability to critically analyze the institutions examined;
- ability to elaborate the principles and rules studied and apply this knowledge to specific cases;
- ability to argue interpretative theses autonomously using appropriate technical language.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
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
First semester
Lessons will be face-to-face.
Lessons will be held also synchronously online via the Microsoft Teams platform.They will be recorded and available online for students.
No differences between students that will attend the lessons face to face or remotely.
The course syllabus is the same of the Student Guide.
The oral exams will be face to face or online via Microsoft Teams platform according to the guidelines of the Faculty.
Lessons will be held also synchronously online via the Microsoft Teams platform.They will be recorded and available online for students.
No differences between students that will attend the lessons face to face or remotely.
The course syllabus is the same of the Student Guide.
The oral exams will be face to face or online via Microsoft Teams platform according to the guidelines of the Faculty.
Course syllabus
The course illustrates the organization of the ordinary and special judiciaries with a predominantly constitutional approach, i.e. exploring the notions of autonomy, independence, and impartiality of the judge to which the judicial system itself must aim.
Lessons are dedicated to the deepening of the rules that preside over the exercise of the judicial function: methods of interpreting the law, the limits of judicial interpretation, the meaning of obligatory prosecution, and the Judicial Police's use of the Prosecutor.
Historical sources will be used to fully understand the role that the judiciary has played and continues to play in the Italian constitutional system. Literary sources will also be used to understand the perception that society has of the judiciary.
Specific issues could be the object of particular in-depth study, with seminars joined by both ordinary and administrative judges and by scholars of the judiciary system to discuss the most relevant topical issues.
The course will focus on the following topics:
- the concept of judicial autonomy, with particular attention to the tasks entrusted by the Constitution to the Superior Council of the Judiciary and the autonomous governing bodies of the special judiciaries;
- the concept of "institutional" independence of the judiciary both with regard to external independence, i.e. regarding political power (e.g. the relationship between the judiciary and politics), and regarding internal independence (e.g. career management of judges by the CSM);
- the concept of "functional" independence: scope and limits of interpretative activity in a civil law system, the relationship between the interpretation of common judges and the interpretation of the Constitutional Court and supranational bodies, and function of the Court of Cassation and legal certainty;
- the organization and function of the public prosecutor's offices;
- the responsibilities of judges.
Lessons are dedicated to the deepening of the rules that preside over the exercise of the judicial function: methods of interpreting the law, the limits of judicial interpretation, the meaning of obligatory prosecution, and the Judicial Police's use of the Prosecutor.
Historical sources will be used to fully understand the role that the judiciary has played and continues to play in the Italian constitutional system. Literary sources will also be used to understand the perception that society has of the judiciary.
Specific issues could be the object of particular in-depth study, with seminars joined by both ordinary and administrative judges and by scholars of the judiciary system to discuss the most relevant topical issues.
The course will focus on the following topics:
- the concept of judicial autonomy, with particular attention to the tasks entrusted by the Constitution to the Superior Council of the Judiciary and the autonomous governing bodies of the special judiciaries;
- the concept of "institutional" independence of the judiciary both with regard to external independence, i.e. regarding political power (e.g. the relationship between the judiciary and politics), and regarding internal independence (e.g. career management of judges by the CSM);
- the concept of "functional" independence: scope and limits of interpretative activity in a civil law system, the relationship between the interpretation of common judges and the interpretation of the Constitutional Court and supranational bodies, and function of the Court of Cassation and legal certainty;
- the organization and function of the public prosecutor's offices;
- the responsibilities of judges.
Prerequisites for admission
Passing the exam in Constitutional Law is a prerequisite for the exam in Constitutional Law of the Judiciary exam.
Teaching methods
Students must study the main topics covered in the lessons independently. The chapters of the book to be studied will be indicated by the teacher at the beginning of the course.
Students who are not attending will have to prepare themselves on all the chapters of the textbook. The exam will be oral.
Students who are not attending will have to prepare themselves on all the chapters of the textbook. The exam will be oral.
Teaching Resources
N. Zanon - F. Biondi, Il sistema costituzionale della magistratura, Zanichelli, Bologna, 2019
Assessment methods and Criteria
Students must study the main topics covered in the lessons independently. The chapters of the book to be studied will be indicated by the teacher at the beginning of the course.
Students who are not attending will have to prepare themselves on all the chapters of the textbook.
The exam will be oral.
Erasmus students - There are no specific subjects or specific examination procedures. However, Erasmus students will agree with the teacher to complete a report on the comparison between some aspects of the parliamentary organization of their country and that of the Italian Parliament.
Students who are not attending will have to prepare themselves on all the chapters of the textbook.
The exam will be oral.
Erasmus students - There are no specific subjects or specific examination procedures. However, Erasmus students will agree with the teacher to complete a report on the comparison between some aspects of the parliamentary organization of their country and that of the Italian Parliament.
Professor(s)
Reception:
Students can contact the teacher by e-mail to arrange for day and reception hours.
Teams platform