Constitutional Law
A.Y. 2021/2022
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.
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.
· 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.
Lesson period: Activity scheduled over several sessions (see Course syllabus and organization section for more detailed information).
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
Surname A-C
Responsible
Lesson period
year
IUS/08 - CONSTITUTIONAL LAW - University credits: 13
Lessons: 91 hours
Professors:
Angiolini Vittorio, D'Amico Maria Elisa
Surname D-L
Responsible
Lesson period
year
Classes will be live-streamed on Microsoft Teams, following the lessons timetable. Live-streamed classes will be recorded and will be available on the online platform and on the course ARIEL website.
Students will be informed as soon as possible, through the course ARIEL website, in case they will be able also to attend in person the classes. This possibility will depend upon the evolution of the emergency and the respect of the security directives. In any case, the live classes will be recorded and will be available on the online platform.
The course program and the reference material are unchanged.
Learning assessment procedures and evaluation criteria are unchanged. Student learning will be assessed through an oral exam via the Microsoft Teams platform.
Whereas possible, according to the pandemic situation and in compliance with the necessary safety conditions, the exam will take place in presence. In any case, the possibility of taking the exam from remote locations will be ensured for students who are unable to leave their place of residence and/or domicile.
More information and updates will be available on the course Ariel website. For this reason, students are encouraged to check the course ARIEL website regularly.
Students will be informed as soon as possible, through the course ARIEL website, in case they will be able also to attend in person the classes. This possibility will depend upon the evolution of the emergency and the respect of the security directives. In any case, the live classes will be recorded and will be available on the online platform.
The course program and the reference material are unchanged.
Learning assessment procedures and evaluation criteria are unchanged. Student learning will be assessed through an oral exam via the Microsoft Teams platform.
Whereas possible, according to the pandemic situation and in compliance with the necessary safety conditions, the exam will take place in presence. In any case, the possibility of taking the exam from remote locations will be ensured for students who are unable to leave their place of residence and/or domicile.
More information and updates will be available on the course Ariel website. For this reason, students are encouraged to check the course ARIEL website regularly.
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
II semester:
· Constitutional court and constitutional justice
· Judiciary
· Regions and local authorities
· Sources of law
· Fundamental rights
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
II semester:
· Constitutional court and constitutional justice
· Judiciary
· Regions and local authorities
· Sources of law
· Fundamental rights
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.
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, "Percorsi e argomenti per l'attuazione dell'art. 116, III co., Cost. Differenziazione vs. uniformità?", Torino, Giappichelli, 2021
- A. Pisaneschi, Diritto costituzionale, Torino, Giappichelli, 2020 or M. D'Amico, G. Arconzo, S. Leone, Lezioni di diritto costituzionale, Franco Angeli ed., Milano, 2021.
- A. Pisaneschi, Diritto costituzionale, Torino, Giappichelli, 2020 or M. D'Amico, G. Arconzo, S. Leone, Lezioni di diritto costituzionale, Franco Angeli ed., Milano, 2021.
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.
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
Professors:
Rovagnati Andrea, Violini Lorenza
Surname M-Q
Responsible
Lesson period
year
The lessons of the course will be held in presence according to the academic calendar, with available classroom seats at 50% of capacity or higher percentages, in compliance with safety and distancing conditions, and will be streamed to facilitate the live participation of students with disabilities or from abroad, who due to travel restrictions caused by the epidemiological emergency cannot guarantee their presence at the University.
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;
- The regions;
- 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.
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;
- The regions;
- 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, 2021. 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.
M. D'Amico, G. Arconzo, S. Leone, Lezioni di diritto costituzionale, FrancoAngeli, 2021. 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.
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.
Surname R-Z
Responsible
Lesson period
year
Lessons will be held in person according to the calendar, with seats in the classroom available at 50 percent of the capacity or in higher percentages, in compliance with safety and distance conditions. They will be streamed on the Microsoft Teams platform.
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.
- 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.
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 (working title), ed. Giappichelli, Torino, forthcoming.
About Constitutional justice and human rights: B. RANDAZZO, La giustizia costituzionale alla prova dell'integrazione europea (working title), 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.
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. 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.
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. 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
Professors:
Crivelli Elisabetta, Randazzo Barbara
Professor(s)
Reception:
Students can contact the teacher by e-mail to arrange for day and reception hours.
Teams platform
Reception:
Wednesday, 14.30 - 16.00 and Friday, 13.30 - 15.30, by appointment only (https://calendly.com/rovagnati/15min)
Administrative and Constitutional Law Library