Constitutional Law
A.Y. 2023/2024
Learning objectives
The course aims at improving and deepening the knowledge and undertanding of the Italian constitutional system through a theoretical and pragmatic approach, thus teaching students how to master the fundamental concepts of constitutionalism with adequate legal terminology and methodology. The course is part of the legal area of the Master's programme's multidisciplinary education, and provides the students with the elements of Constitutional Law that are necessary for the professional skillsets developed in the "Institutions and protection of rights" curriculum.
The programme of the course includes the main aspects of contemporary constitutionalism, and will pay particular attention to the fundamental principles and rights on which the legal system is based, by also considering the more complex aspects in order to develop the students' critical approach. A part of the course is dedicated to the in-class analysis of jurisprudential cases, in order to provide the student with the ability to understand and individually and critically analyse the different facets of contemporary constitutionalism.
The programme of the course includes the main aspects of contemporary constitutionalism, and will pay particular attention to the fundamental principles and rights on which the legal system is based, by also considering the more complex aspects in order to develop the students' critical approach. A part of the course is dedicated to the in-class analysis of jurisprudential cases, in order to provide the student with the ability to understand and individually and critically analyse the different facets of contemporary constitutionalism.
Expected learning outcomes
At the course's conclusion students will gain an advanced knowledge and understanding of Constitutional Law, with particular regard to the Republic's institutions and the fundamental constitutional rights and their protection.
Students will gain the ability to read and interpret Constitutional Law and the most relevant pieces of legislation in the light of the main aspects of constitutionalism.
The course also aims at encouraging a continuous exchange of views between students (and with the teacher) and to teach students how to draft, after the lessons and seminars, papers and legal texts connected to the matters that were discussed.
The course will provide students with the skills necessary to apply the acquired knolwedge and undertanding of Constitutional Law and to develop their legal reasoning and to improve their mastery of legal terminology.
Students will gain the ability to read and interpret Constitutional Law and the most relevant pieces of legislation in the light of the main aspects of constitutionalism.
The course also aims at encouraging a continuous exchange of views between students (and with the teacher) and to teach students how to draft, after the lessons and seminars, papers and legal texts connected to the matters that were discussed.
The course will provide students with the skills necessary to apply the acquired knolwedge and undertanding of Constitutional Law and to develop their legal reasoning and to improve their mastery of legal terminology.
Lesson period: First trimester
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 trimester
Course syllabus
The course program is detailed below:
1. Preamble and fundamental principles between descriptiveness and prescriptivity
2. The republican principle and the labor principle
3. The personalist principle
4. The principle of equality
5. The principles of unity and autonomy (the constitutional republic of autonomy)
6. The concordat principle
7. The principle of protection of historical linguistic minorities (historical ratio and evolution)
8. The principle of protecting the landscape (and the environment) and the artistic and cultural heritage
9. The constitutional principle of openness to international law
10. The constitutional statute of the foreigner: right of asylum and reciprocity
11. The catalog of fundamental rights, personal and domicile freedom.
12. Freedom of movement, residence and expatriation
13. Freedom of expression (part I): freedom of correspondence and freedom of manifestation of thought
14. Freedom of artistic expression and teaching
15. Religious freedom
16. Freedom of assembly, of association
17. Political freedom (right to vote and training of political parties) and trade union freedom
18. The right to health
19. The right to education and vocational training
20. The economic constitution (part I)
21. The economic constitution (part II).
22. The basic duties
23. Balancing fundamental rights and multilevel protection of fundamental rights
24. The ordinary judge and the protection of fundamental rights (part I)
25. The ordinary judge and the protection of fundamental rights (part II)
26. The administrative judge and the accounting judge in the protection of fundamental rights and legitimate interests
27. Constitutional justice: the characteristics of the Italian model
28. Incidental access and direct access
29. The protection of fundamental rights in the ECHR
30. The protection of fundamental rights before the Court of Justice
1. Preamble and fundamental principles between descriptiveness and prescriptivity
2. The republican principle and the labor principle
3. The personalist principle
4. The principle of equality
5. The principles of unity and autonomy (the constitutional republic of autonomy)
6. The concordat principle
7. The principle of protection of historical linguistic minorities (historical ratio and evolution)
8. The principle of protecting the landscape (and the environment) and the artistic and cultural heritage
9. The constitutional principle of openness to international law
10. The constitutional statute of the foreigner: right of asylum and reciprocity
11. The catalog of fundamental rights, personal and domicile freedom.
12. Freedom of movement, residence and expatriation
13. Freedom of expression (part I): freedom of correspondence and freedom of manifestation of thought
14. Freedom of artistic expression and teaching
15. Religious freedom
16. Freedom of assembly, of association
17. Political freedom (right to vote and training of political parties) and trade union freedom
18. The right to health
19. The right to education and vocational training
20. The economic constitution (part I)
21. The economic constitution (part II).
22. The basic duties
23. Balancing fundamental rights and multilevel protection of fundamental rights
24. The ordinary judge and the protection of fundamental rights (part I)
25. The ordinary judge and the protection of fundamental rights (part II)
26. The administrative judge and the accounting judge in the protection of fundamental rights and legitimate interests
27. Constitutional justice: the characteristics of the Italian model
28. Incidental access and direct access
29. The protection of fundamental rights in the ECHR
30. The protection of fundamental rights before the Court of Justice
Prerequisites for admission
No preliminary knowledge required, although a basic knowledge of Italian Public Law is advisable.
Teaching methods
The teaching method is mainly based on lectures.
Teaching Resources
F. Clementi, L. Cuocolo, F. Rosa, G.E. Vigevani (a cura di), La Costituzione italiana. Vol. I. Principi fondamentali e Parte I - Diritti e doveri dei cittadini, Il Mulino, Bologna, 2020 (primi 13 articoli).
M. Olivetti, Diritti fondamentali, Torino, Giappichelli, 2 ed. 2020.
M. Olivetti, Diritti fondamentali, Torino, Giappichelli, 2 ed. 2020.
Assessment methods and Criteria
The final test consists in an oral exam.
IUS/08 - CONSTITUTIONAL LAW - University credits: 9
Lessons: 60 hours
Professors:
Cavaggion Giovanni, Orofino Marco
Educational website(s)
Professor(s)