Constitutional Law
A.Y. 2023/2024
Learning objectives
At the end of the course the student who has successfully learned the subject will have a thorough knowledge of the course topics, with the acquisition of a reasoning method suitable for dealing with more specific and complex legal problems with respect to the institutional notions of constitutional law.
Expected learning outcomes
The teaching activity aims to provide students with:
· Knowledge of the characteristic elements of the Italian form of government, of the system of sources of law, of fundamental rights and of constitutional justice as well as of the form of state, with particular regard to the Regions;
· Ability to apply the concepts learned in relations to specific case-law and to know how to tailor them in the current situation, also through the identification and interpretation of the relevant regulatory provisions and the jurisprudence;
· Ability to defend a legal point of view with reference to the topics learnt during the course;
· Ability to express the acquired notions with argumentative coherence, systematic method and language properties;
· Ability to detach the historical and evolutionary profiles of constitutional law as well as learning skills suitable for allowing the continuation of studies with a high degree of autonomy.
· Knowledge of the characteristic elements of the Italian form of government, of the system of sources of law, of fundamental rights and of constitutional justice as well as of the form of state, with particular regard to the Regions;
· Ability to apply the concepts learned in relations to specific case-law and to know how to tailor them in the current situation, also through the identification and interpretation of the relevant regulatory provisions and the jurisprudence;
· Ability to defend a legal point of view with reference to the topics learnt during the course;
· Ability to express the acquired notions with argumentative coherence, systematic method and language properties;
· Ability to detach the historical and evolutionary profiles of constitutional law as well as learning skills suitable for allowing the continuation of studies with a high degree of autonomy.
Lesson period: First 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
Surname A-L
Responsible
Lesson period
First semester
Course syllabus
Program of the course: The course (63 hours) focuses on the fundamental institutions of the Italian constitutional legal order, paying attention to the relations between public authority and private individuals, and to the form of government.
The following macro-area of constitutional legal studies will be dealt with: introductory notions on the concepts of State and legal order, sources of law, issues related to the form of state and government, electoral systems, structure and functions of the Parliament and the Government, role and functions of the Guardians of the Constitution (President of the Republic and Constitutional Court), fundamental principles regarding the organization of the judiciary power.
Analytical Program:
Lesson n. 1- Presentation of the course. Forms of State and forms of government
Lesson n. 2 - Constitutional state
Lesson n. 3 - General principles on the sources of law
Lesson n. 4 - Interpretation of legal rules
Lesson n. 5 - Criteria of resolution of clashes between sources of law (hierarchy, chronology and competence)
Lesson n. 6 - Constitutional sources of law: Constitution and art. 138 (constitutional review procedure and its limits)
Lesson n. 7 - Law
Lesson n. 8 - Decree law
Lesson n. 9 - Legislative decree
Lesson n. 10 - Referendum
Lesson n. 11 - Regional laws and parliamentary regulations
Lesson n. 12 - Secondary sources and other sources
Lesson n. 13 - Supranational law
Lesson n. 14 - Electoral systems - part I
Lesson n. 15 - Electoral systems - part II
Lesson n. 16 - Parliament: the organization
Lesson n. 17 - Parliament: the functions
Lesson n. 18 - Status of the parliamentarian
Lesson n. 19 - Government: the formation
Lesson n. 20 - Government: the composition, the competences and the relationships between internal organs
Lesson n. 21 - Relations between Government and Parliament: trust and government crises
Lesson n. 22 - President of the Republic: election, impairment and destitution
Lesson n. 23 - President of the Republic: role and functions
Lesson n. 24 - President of the Republic: role and functions (part II)
Lesson n. 25 - Irresponsibility of the President of the Republic and the ministerial counter-signature
Lesson n. 26 - Judiciary power: fundamental principles
Lesson n. 27 - Independence and impartiality of the judiciary power
Lesson n. 28 - Autonomy of the Judiciary and role of the CSM. The responsibility of judges and prosecutors
Lesson n. 29 - Constitutional Court: composition
Lesson n. 30 - Constitutional Court: functions
Lesson n. 31 - Regions
Lesson n. 32 - Final revision lesson (student questions)
Erasmus students: No specific programmes for Erasmus students
The following macro-area of constitutional legal studies will be dealt with: introductory notions on the concepts of State and legal order, sources of law, issues related to the form of state and government, electoral systems, structure and functions of the Parliament and the Government, role and functions of the Guardians of the Constitution (President of the Republic and Constitutional Court), fundamental principles regarding the organization of the judiciary power.
Analytical Program:
Lesson n. 1- Presentation of the course. Forms of State and forms of government
Lesson n. 2 - Constitutional state
Lesson n. 3 - General principles on the sources of law
Lesson n. 4 - Interpretation of legal rules
Lesson n. 5 - Criteria of resolution of clashes between sources of law (hierarchy, chronology and competence)
Lesson n. 6 - Constitutional sources of law: Constitution and art. 138 (constitutional review procedure and its limits)
Lesson n. 7 - Law
Lesson n. 8 - Decree law
Lesson n. 9 - Legislative decree
Lesson n. 10 - Referendum
Lesson n. 11 - Regional laws and parliamentary regulations
Lesson n. 12 - Secondary sources and other sources
Lesson n. 13 - Supranational law
Lesson n. 14 - Electoral systems - part I
Lesson n. 15 - Electoral systems - part II
Lesson n. 16 - Parliament: the organization
Lesson n. 17 - Parliament: the functions
Lesson n. 18 - Status of the parliamentarian
Lesson n. 19 - Government: the formation
Lesson n. 20 - Government: the composition, the competences and the relationships between internal organs
Lesson n. 21 - Relations between Government and Parliament: trust and government crises
Lesson n. 22 - President of the Republic: election, impairment and destitution
Lesson n. 23 - President of the Republic: role and functions
Lesson n. 24 - President of the Republic: role and functions (part II)
Lesson n. 25 - Irresponsibility of the President of the Republic and the ministerial counter-signature
Lesson n. 26 - Judiciary power: fundamental principles
Lesson n. 27 - Independence and impartiality of the judiciary power
Lesson n. 28 - Autonomy of the Judiciary and role of the CSM. The responsibility of judges and prosecutors
Lesson n. 29 - Constitutional Court: composition
Lesson n. 30 - Constitutional Court: functions
Lesson n. 31 - Regions
Lesson n. 32 - Final revision lesson (student questions)
Erasmus students: No specific programmes for Erasmus students
Prerequisites for admission
NO
Teaching methods
- Lectures
- Possibility to ask questions to the teacher and to address questions from the teacher during the classes
- During the course, one or two self-assessment tests will be performed
- Possibility to ask questions to the teacher and to address questions from the teacher during the classes
- During the course, one or two self-assessment tests will be performed
Teaching Resources
M. D'AMICO, G. ARCONZO, S. LEONE, Lezioni di diritto costituzionale, Milano, Franco Angeli, 2022, Capthers I, II, III, IV, V, VI, VII, VIII and Chapter IX from §1 to § 4.
Erasmus students: No specific programmes for Erasmus students
Erasmus students: No specific programmes for Erasmus students
Assessment methods and Criteria
Students (attending as well as not-attending students, although the attendance is recommended), can take the oral exam in any of the scheduled dates starting from December 2022. The maximum grade will be 30/30; the minimum grade will be 18/30
Surname M-Z
Responsible
Lesson period
First semester
Course syllabus
Program of the course: The course (63 hours) focuses on the fundamental institutions of the Italian constitutional legal order.
The following macro-area of constitutional legal studies will be dealt with: introductory notions on the concepts of State and legal order, sources of law, issues related to the form of state and government, electoral systems, structure and functions of the Parliament and the Government, role and functions of the Guardians of the Constitution (President of the Republic and Constitutional Court), fundamental principles regarding the organization of the judiciary power.
Analytical Program:
Lesson n. 1- Presentation of the course. Forms of State and forms of government
Lesson n. 2 - Constitutional state
Lesson n. 3 - General principles on the sources of law
Lesson n. 4 - Interpretation of legal rules
Lesson n. 5 - Criteria of resolution of clashes between sources of law (hierarchy, chronology and competence)
Lesson n. 6 - Constitutional sources of law: Constitution and art. 138 (constitutional review procedure and its limits)
Lesson n. 7 - Law
Lesson n. 8 - Decree law
Lesson n. 9 - Legislative decree
Lesson n. 10 - Referendum
Lesson n. 11 - Regional laws and parliamentary regulations
Lesson n. 12 - Secondary sources and other sources
Lesson n. 13 - Supranational law
Lesson n. 14 - Electoral systems - part I
Lesson n. 15 - Electoral systems - part II
Lesson n. 16 - Parliament: the organization
Lesson n. 17 - Parliament: the functions
Lesson n. 18 - Status of the parliamentarian
Lesson n. 19 - Government: the formation
Lesson n. 20 - Government: the composition, the competences and the relationships between internal organs
Lesson n. 21 - Relations between Government and Parliament: trust and government crises
Lesson n. 22 - President of the Republic: election, impairment and destitution
Lesson n. 23 - President of the Republic: role and functions
Lesson n. 24 - President of the Republic: role and functions (part II)
Lesson n. 25 - Irresponsibility of the President of the Republic and the ministerial counter-signature
Lesson n. 26 - Judiciary power: fundamental principles
Lesson n. 27 - Independence and impartiality of the judiciary power
Lesson n. 28 - Autonomy of the Judiciary and role of the CSM. The responsibility of judges and prosecutors
Lesson n. 29 - Constitutional Court: composition
Lesson n. 30 - Constitutional Court: functions
Lesson n. 31 - Regions
Lesson n. 32 - Final revision lesson (student questions)
The following macro-area of constitutional legal studies will be dealt with: introductory notions on the concepts of State and legal order, sources of law, issues related to the form of state and government, electoral systems, structure and functions of the Parliament and the Government, role and functions of the Guardians of the Constitution (President of the Republic and Constitutional Court), fundamental principles regarding the organization of the judiciary power.
Analytical Program:
Lesson n. 1- Presentation of the course. Forms of State and forms of government
Lesson n. 2 - Constitutional state
Lesson n. 3 - General principles on the sources of law
Lesson n. 4 - Interpretation of legal rules
Lesson n. 5 - Criteria of resolution of clashes between sources of law (hierarchy, chronology and competence)
Lesson n. 6 - Constitutional sources of law: Constitution and art. 138 (constitutional review procedure and its limits)
Lesson n. 7 - Law
Lesson n. 8 - Decree law
Lesson n. 9 - Legislative decree
Lesson n. 10 - Referendum
Lesson n. 11 - Regional laws and parliamentary regulations
Lesson n. 12 - Secondary sources and other sources
Lesson n. 13 - Supranational law
Lesson n. 14 - Electoral systems - part I
Lesson n. 15 - Electoral systems - part II
Lesson n. 16 - Parliament: the organization
Lesson n. 17 - Parliament: the functions
Lesson n. 18 - Status of the parliamentarian
Lesson n. 19 - Government: the formation
Lesson n. 20 - Government: the composition, the competences and the relationships between internal organs
Lesson n. 21 - Relations between Government and Parliament: trust and government crises
Lesson n. 22 - President of the Republic: election, impairment and destitution
Lesson n. 23 - President of the Republic: role and functions
Lesson n. 24 - President of the Republic: role and functions (part II)
Lesson n. 25 - Irresponsibility of the President of the Republic and the ministerial counter-signature
Lesson n. 26 - Judiciary power: fundamental principles
Lesson n. 27 - Independence and impartiality of the judiciary power
Lesson n. 28 - Autonomy of the Judiciary and role of the CSM. The responsibility of judges and prosecutors
Lesson n. 29 - Constitutional Court: composition
Lesson n. 30 - Constitutional Court: functions
Lesson n. 31 - Regions
Lesson n. 32 - Final revision lesson (student questions)
Prerequisites for admission
None
Teaching methods
- Frontal lessons.
- Possibility to ask questions to the teacher and questions or challenges from the teacher during the classes.
- During the course, some self-assessment tests will be performed.
- Possibility to ask questions to the teacher and questions or challenges from the teacher during the classes.
- During the course, some self-assessment tests will be performed.
Teaching Resources
M. D'AMICO, G. ARCONZO, S. LEONE, Lezioni di diritto costituzionale, Milano, Franco Angeli, 2022 (p. 1-462), Chapthers I, II, III, IV, V, VI, VII, VIII and Chapter IX from §1 to § 4.
Textbook for Erasmus students: M. Cartabia, N. Lupo, Constitution of Italy, A Contextual Analysis, Hart Publishing, 2022.
Textbook for Erasmus students: M. Cartabia, N. Lupo, Constitution of Italy, A Contextual Analysis, Hart Publishing, 2022.
Assessment methods and Criteria
Students (attending as well as not-attending, although the attendance is recommended), can take the oral exam in any of the date scheduled starting from December 2023. The maximum grade will be 30/30; the minimum grade will be 18/30.
Students can face a written optional exam at the end of the course focused on the course contents (30 multiple choice test + one open question) attributing 100% of the final grade.
Students can sit the general oral exam if they fail the optional written exam.
Students can face a written optional exam at the end of the course focused on the course contents (30 multiple choice test + one open question) attributing 100% of the final grade.
Students can sit the general oral exam if they fail the optional written exam.
IUS/08 - CONSTITUTIONAL LAW - University credits: 9
Lessons: 63 hours
Professor:
Crivelli Elisabetta
Educational website(s)
Professor(s)
Reception:
Wednesday at 17.00
Room at ground floor, Department of Public Law