Constitutional Justice
A.Y. 2023/2024
Learning objectives
The course aims to provide students with:
- the knowledge and understanding of essential aspects of the Italian system of constitutional justice;
- the ability to critically elaborate on the main topics of the course;
- appropriate use of legal terminology;
- the ability to develop a research methodology;
- the ability to read and understand the constitutional jurisprudence;
- the ability to apply the constitutional principles analyzed in concrete cases.
- the knowledge and understanding of essential aspects of the Italian system of constitutional justice;
- the ability to critically elaborate on the main topics of the course;
- appropriate use of legal terminology;
- the ability to develop a research methodology;
- the ability to read and understand the constitutional jurisprudence;
- the ability to apply the constitutional principles analyzed in concrete cases.
Expected learning outcomes
The course aims to fulfill the following goals: knowledge and understanding of the topics addressed; the ability to develop critical judgments.
These goals aim to empower students in their university career and in their professional future.
These goals aim to empower students in their university career and in their professional future.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
6 CFU - Attending students
The course aims at delve into the study of the system of constitutional justice with a specific focus on the Constitutional Court's scrutiny on the constitutional legitimacy of the laws so-called "in via incidentale".
The course will be structured into frontal lessons, dedicated to the theoretical examination of the judgement "in via incidentale" and of its main features, and in practical activities based on the Constitutional Court's case-law analysis. Students will be directly engaged in the course through exercises on an assigned case.
The following topics will be examined:
a) the legitimacy to appeal to the Italian Constitutional Court; the relevance of the issues of the constitutional issues; thema decidendum, with attention to the relationship between the Italian Constitutional Court and common judges;
b) the judgment before the Court: the procedure; the subjects of the trial; the instructive powers;
c) the typology of the Court's decisions, with particular regard to interpretative and manipulative techniques;
d) the effects of constitutional decisions.
9 CFU - attending students
In addition to the above, attending students carry out the exercise relating to the preparation of the "Research", relating to the assigned case.
6 CFU - non attending students
The 6 CFU course program includes the introductory part on constitutional justice and all the functions assigned to the Constitutional Court in the context of the different types of judgments.
9 CFU - non attending students
In addition to the program indicated for the 6 CFU exam for non-attending students, the part relating to supranational Courts is also added.
The course aims at delve into the study of the system of constitutional justice with a specific focus on the Constitutional Court's scrutiny on the constitutional legitimacy of the laws so-called "in via incidentale".
The course will be structured into frontal lessons, dedicated to the theoretical examination of the judgement "in via incidentale" and of its main features, and in practical activities based on the Constitutional Court's case-law analysis. Students will be directly engaged in the course through exercises on an assigned case.
The following topics will be examined:
a) the legitimacy to appeal to the Italian Constitutional Court; the relevance of the issues of the constitutional issues; thema decidendum, with attention to the relationship between the Italian Constitutional Court and common judges;
b) the judgment before the Court: the procedure; the subjects of the trial; the instructive powers;
c) the typology of the Court's decisions, with particular regard to interpretative and manipulative techniques;
d) the effects of constitutional decisions.
9 CFU - attending students
In addition to the above, attending students carry out the exercise relating to the preparation of the "Research", relating to the assigned case.
6 CFU - non attending students
The 6 CFU course program includes the introductory part on constitutional justice and all the functions assigned to the Constitutional Court in the context of the different types of judgments.
9 CFU - non attending students
In addition to the program indicated for the 6 CFU exam for non-attending students, the part relating to supranational Courts is also added.
Prerequisites for admission
In order to attend the course, students are required to have successfully passed the exams of Constitutional law and of Private law.
Teaching methods
The course will be structured into frontal lessons and practical activities. Students will be directly engaged in pending questions of constitutionality, practical exercises and judicial acts.
Teaching Resources
Students shall choose one of the following books:
1) E. Malfatti - S. Panizza - R. Romboli, Giustizia costituzionale, Torino, Giappichelli, last ed. available;
2) G. Zagrebelsky, V. Marcenò, Giustizia costituzionale (due volumi), Bologna, Il Mulino, 2018.
On the Ariel platform the related materials will be published:
V. Onida - M. D'Amico, Il giudizio di costituzionalità delle leggi. Materiali di giustizia costituzionale. I. Il giudizio in via incidentale, Torino, Giappichelli, 1998.
The decisions of the Constitutional Court are available on:
www.cortecostituzionale.it or www.giurcost.org.
For an overview of the most recent trends in the constitutional jurisprudence, reports can be readily read in the annual press conferences of the President of the Court, available on www.cortecostituzionale.it, Documentation section.
1) E. Malfatti - S. Panizza - R. Romboli, Giustizia costituzionale, Torino, Giappichelli, last ed. available;
2) G. Zagrebelsky, V. Marcenò, Giustizia costituzionale (due volumi), Bologna, Il Mulino, 2018.
On the Ariel platform the related materials will be published:
V. Onida - M. D'Amico, Il giudizio di costituzionalità delle leggi. Materiali di giustizia costituzionale. I. Il giudizio in via incidentale, Torino, Giappichelli, 1998.
The decisions of the Constitutional Court are available on:
www.cortecostituzionale.it or www.giurcost.org.
For an overview of the most recent trends in the constitutional jurisprudence, reports can be readily read in the annual press conferences of the President of the Court, available on www.cortecostituzionale.it, Documentation section.
Assessment methods and Criteria
Attending students will be evaluated accordingly to the exercises assigned during the course.
Practical exercises will consist of:
- the analysis of a pending question of constitutionality, by looking at the description of the case which gave rise to the question itself; the legitimacy of the referring court; the requirements of the "rilevanza", the "non manifesta infondatezza", the "interpretazione costituzionalmente conforme" (interpretation in the light of the Constitution); the exact identification of the thema decidendum;
- the draft of an judicial act of constitution on behalf of the party or an act of intervention by a third party or by an amicus curiae;
- the draft of a research index of the assigned question of constitutionality;
- the drafting of an hypothetical decision of the Constitutional Court on the assigned question of constitutional legitimacy.
The final grade will be given considering attendance, the drafting of the research index, the act, individual exercises and the final colloquium.
For non-attending students, the exam will consist of an oral exam.
Erasmus students: no specific program.
Practical exercises will consist of:
- the analysis of a pending question of constitutionality, by looking at the description of the case which gave rise to the question itself; the legitimacy of the referring court; the requirements of the "rilevanza", the "non manifesta infondatezza", the "interpretazione costituzionalmente conforme" (interpretation in the light of the Constitution); the exact identification of the thema decidendum;
- the draft of an judicial act of constitution on behalf of the party or an act of intervention by a third party or by an amicus curiae;
- the draft of a research index of the assigned question of constitutionality;
- the drafting of an hypothetical decision of the Constitutional Court on the assigned question of constitutional legitimacy.
The final grade will be given considering attendance, the drafting of the research index, the act, individual exercises and the final colloquium.
For non-attending students, the exam will consist of an oral exam.
Erasmus students: no specific program.
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Professor(s)