Constitutional Law
A.Y. 2023/2024
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 can be attended as a single course.
Course syllabus and organization
Surname A-C
Responsible
Lesson period
year
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.
In the second semester, students will be able to participate in a competitive seminar organized jointly with the chair of Constitutional Law M-Q.
The students, divided into groups, will study a case and discuss it by simulating a trial before the Constitutional Court.
In the second semester, students will be able to participate in a competitive seminar organized jointly with the chair of Constitutional Law M-Q.
The students, divided into groups, will study a case and discuss it by simulating a trial before the Constitutional Court.
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, 2022. 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
- M. D'Amico, Una parità ambigua. Costituzione e diritti delle donne, Raffaello Cortina Editore, 2020, three chapters by choice or, alternatively, M. D'Amico, Parole che separano. Linguaggio, Costituzione, Diritti, Cortina Editore, 2023.
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, 2022. 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
- M. D'Amico, Una parità ambigua. Costituzione e diritti delle donne, Raffaello Cortina Editore, 2020, three chapters by choice or, alternatively, M. D'Amico, Parole che separano. Linguaggio, Costituzione, Diritti, Cortina Editore, 2023.
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.
IUS/08 - CONSTITUTIONAL LAW - University credits: 13
Lessons: 91 hours
Professors:
D'Amico Maria Elisa, Liberali Benedetta Maria Cosetta
Surname D-L
Responsible
Lesson period
year
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
· Sources of law
II semester:
· Constitutional court and constitutional justice
· Judiciary
· Regions and local authorities
· 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
· Sources of law
II semester:
· Constitutional court and constitutional justice
· Judiciary
· Regions and local authorities
· 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
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:
Vimercati Benedetta, Violini Lorenza
Surname M-Q
Responsible
Lesson period
year
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;
- Representative democracy (electoral systems) and forms of citizen participation (referendums, bills and petitions);
- Organization and functions of Parliament.
- Political representation and parliamentary prerogatives.
II semester:
- Government: formation process and attributions
- President of the Republic;
- Supreme Judicial Council, organization and functions of the judiciary
- 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;
- Representative democracy (electoral systems) and forms of citizen participation (referendums, bills and petitions);
- Organization and functions of Parliament.
- Political representation and parliamentary prerogatives.
II semester:
- Government: formation process and attributions
- President of the Republic;
- Supreme Judicial Council, organization and functions of the judiciary
- 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
During the course, the Professor will provide students with bibliographical and jurisprudential guidance on specific issues published on the Ariel platform. Slides projected in class will be made available to students.
Students will be able to measure their preparation through self-assessment tests.
During the second semester, students will be able to participate in a "Competitive Seminar" organized in conjunction with the Chair of Constitutional Law A-C. Students will be asked to study a case and discuss it by simulating a trial before the Constitutional Court.
Students will be able to measure their preparation through self-assessment tests.
During the second semester, students will be able to participate in a "Competitive Seminar" organized in conjunction with the Chair of Constitutional Law A-C. Students will be asked to study a case and discuss it by simulating a trial before the Constitutional Court.
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, 2022.
Students are also invited to examine the additional material that will be published, during the lessons, on the Ariel platform.
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) For the second part of the examination, students must also prepare one of these texts:
- N. Zanon - F. Biondi, Il sistema costituzionale della magistratura, Zanichelli, 2023, chapters I, II, III
- M. D'Amico, Una parità ambigua. Costituzione e diritti delle donne, Raffaello Cortina Editore, 2020, three chapters of your choice.
M. D'Amico, G. Arconzo, S. Leone, Lezioni di diritto costituzionale, FrancoAngeli, 2022.
Students are also invited to examine the additional material that will be published, during the lessons, on the Ariel platform.
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) For the second part of the examination, students must also prepare one of these texts:
- N. Zanon - F. Biondi, Il sistema costituzionale della magistratura, Zanichelli, 2023, chapters I, II, III
- M. D'Amico, Una parità ambigua. Costituzione e diritti delle donne, Raffaello Cortina Editore, 2020, three chapters of your choice.
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 (February 2023) 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 (September 2023);
-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 (September 2023) and will cover the topics taught in the second semester.
It is still possible to take the exam without dividing it into two parts starting from the summer session (from May 2023).
For students from the second year onwards, the exam must be taken orally, on the whole 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.
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 (February 2023) 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 (September 2023);
-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 (September 2023) and will cover the topics taught in the second semester.
It is still possible to take the exam without dividing it into two parts starting from the summer session (from May 2023).
For students from the second year onwards, the exam must be taken orally, on the whole 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.
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
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:
Students will be esaminated on 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:
Students will be esaminated on 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).
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).
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
Students can prepare the exam on an updated edition of the textbooks of constitutional law on the market.
We suggest reading alternatively:
a) G. ZAGREBELSKY, V. MARCENÒ, F. PALLANTE, Lineamenti di Diritto costituzionale, ed. Le Monnier Università, Florence, latest edition (excluding chapter 2 of part VII and part VIII);
b) A. PISANESCHI, Diritto costituzionale, ed. Giappichelli, Torino, ultima edizione;
c) R. ROMBOLI (edited by), Manuale di Diritto costituzionale italiano ed europeo, volumes I and II, ed. Giappichelli, Turin, latest edition. The parts of the two volumes to be explored will be indicated on the ARIEL website.
The parts of the program relating to constitutional justice and fundamental rights can also be prepared on B. RANDAZZO, La giustizia costituzionale "integrata" (provisional title), ed. Giappichelli, Turin, forthcoming.
We suggest reading alternatively:
a) G. ZAGREBELSKY, V. MARCENÒ, F. PALLANTE, Lineamenti di Diritto costituzionale, ed. Le Monnier Università, Florence, latest edition (excluding chapter 2 of part VII and part VIII);
b) A. PISANESCHI, Diritto costituzionale, ed. Giappichelli, Torino, ultima edizione;
c) R. ROMBOLI (edited by), Manuale di Diritto costituzionale italiano ed europeo, volumes I and II, ed. Giappichelli, Turin, latest edition. The parts of the two volumes to be explored will be indicated on the ARIEL website.
The parts of the program relating to constitutional justice and fundamental rights can also be prepared on B. RANDAZZO, La giustizia costituzionale "integrata" (provisional title), ed. Giappichelli, Turin, 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.
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 May-September session.
N.B.
It will be necessary to take a preliminary test on the sources of law and the constitutional justice (15 multiple choice questions) lasting 30 ' (added time will be allowed for students with SLD) for the admission to the second part of the exam or to the whole exam. The result of the test does not preclude access to the oral exam, but contributes to the overall final evaluation. The preliminary test must be taken again in case of negative final evaluation of the oral exam.
First year students can take an oral exam on the first part of the course at the end of the first semester.
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 May-September session.
N.B.
It will be necessary to take a preliminary test on the sources of law and the constitutional justice (15 multiple choice questions) lasting 30 ' (added time will be allowed for students with SLD) for the admission to the second part of the exam or to the whole exam. The result of the test does not preclude access to the oral exam, but contributes to the overall final evaluation. The preliminary test must be taken again in case of negative final evaluation of the oral exam.
IUS/08 - CONSTITUTIONAL LAW - University credits: 13
Lessons: 91 hours
Professors:
Crivelli Elisabetta, Randazzo Barbara
Educational website(s)
Professor(s)
Reception:
Students can contact the teacher by e-mail to arrange for day and reception hours.
Teams platform