Constitutional Law and the Judiciary
A.Y. 2023/2024
Learning objectives
The course aims to provide students with fundamental legal notions and tools to understand the organization of ordinary and special judiciaries and the role they play in the constitutional order. The course aims also to provide students with in-depth knowledge of the issues related to the exercise of the judicial function by ordinary magistrates
Expected learning outcomes
The aim of the course is for students to achieve:
- the ability to systematically interpret the constitutional, legislative and regulatory provisions that outline the organization and activity of the judicial order;
- ability to understand the important role that the judicial function plays in constitutional systems,
- ability to critically analyze the institutions examined;
- ability to elaborate the principles and rules studied and apply this knowledge to specific cases;
- ability to argue interpretative theses autonomously using appropriate technical language.
- the ability to systematically interpret the constitutional, legislative and regulatory provisions that outline the organization and activity of the judicial order;
- ability to understand the important role that the judicial function plays in constitutional systems,
- ability to critically analyze the institutions examined;
- ability to elaborate the principles and rules studied and apply this knowledge to specific cases;
- ability to argue interpretative theses autonomously using appropriate technical language.
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
Single session
Responsible
Lesson period
First semester
Course syllabus
The course illustrates the organisation of the ordinary and special magistracies with a predominantly constitutionalist approach, i.e. starting from the notions of autonomy, independence and impartiality of the magistrate to which the organisation itself must tend.
Part of the lessons are then devoted to an in-depth study of the rules that govern the exercise of the judicial function: the way of interpreting the law, the limits to judicial interpretation, the meaning of mandatory prosecution, the use by the prosecutor of the judicial police.
Historical sources will be used to gain an in-depth understanding of the role that the judiciary has played and plays in the Italian constitutional order; literary sources will also be used to grasp society's perception of the judiciary.
Specific issues may be the subject of special in-depth study, also by means of seminar-style meetings with ordinary and administrative magistrates and scholars of the judicial system, in consideration of the most topical themes.
Ample importance will be given to the judicial system reforms in progress.
The course will focus specifically on the following topics
- the concept of the autonomy of the judiciary, with particular attention to the tasks entrusted by the Constitution to the Superior Council of the Judiciary and to the autonomous governing bodies of the special magistracies
- the concept of "institutional" independence of the judiciary, both with reference to external independence, i.e. vis-à-vis the political power (e.g. the relationship between the judiciary and politics), and with reference to internal independence (e.g. the management of magistrates' careers by the SJC)
- the concept of 'functional' independence: the scope and limits of interpretative activity in a system of written law; the relationship between the interpretation of the ordinary judge and the interpretation of the Constitutional Court and supranational bodies; the nomofilactic function of the Court of Cassation and legal certainty;
- the organisation and function of public prosecutor's offices;
- the responsibilities of magistrates.
Part of the lessons are then devoted to an in-depth study of the rules that govern the exercise of the judicial function: the way of interpreting the law, the limits to judicial interpretation, the meaning of mandatory prosecution, the use by the prosecutor of the judicial police.
Historical sources will be used to gain an in-depth understanding of the role that the judiciary has played and plays in the Italian constitutional order; literary sources will also be used to grasp society's perception of the judiciary.
Specific issues may be the subject of special in-depth study, also by means of seminar-style meetings with ordinary and administrative magistrates and scholars of the judicial system, in consideration of the most topical themes.
Ample importance will be given to the judicial system reforms in progress.
The course will focus specifically on the following topics
- the concept of the autonomy of the judiciary, with particular attention to the tasks entrusted by the Constitution to the Superior Council of the Judiciary and to the autonomous governing bodies of the special magistracies
- the concept of "institutional" independence of the judiciary, both with reference to external independence, i.e. vis-à-vis the political power (e.g. the relationship between the judiciary and politics), and with reference to internal independence (e.g. the management of magistrates' careers by the SJC)
- the concept of 'functional' independence: the scope and limits of interpretative activity in a system of written law; the relationship between the interpretation of the ordinary judge and the interpretation of the Constitutional Court and supranational bodies; the nomofilactic function of the Court of Cassation and legal certainty;
- the organisation and function of public prosecutor's offices;
- the responsibilities of magistrates.
Prerequisites for admission
Passing the exam in Constitutional Law is a prerequisite for the exam in Constitutional Law of the Judiciary exam.
Teaching methods
The course is predominantly seminar-based and provides for the active participation of students.
The theoretical lectures always include the examination of concrete cases drawn from practice or the subject of rulings by judges or the Constitutional Court.
The theoretical lectures always include the examination of concrete cases drawn from practice or the subject of rulings by judges or the Constitutional Court.
Teaching Resources
N. Zanon - F. Biondi, Il sistema costituzionale della magistratura, Zanichelli, Bologna, 2023, completed with materials uploaded on the teaching platform.
Assessment methods and Criteria
Attending students will have to prepare themselves mainly on the topics covered in class, which correspond to the chapters of the textbook that are indicated by the lecturer during the course.
The examination consists of an oral test. Part of the assessment depends on the degree of participation in the course.
Non-attending students must prepare for all the chapters in the textbook. The examination will be oral.
Erasmus students: There are no specific topics or examination arrangements.
The examination consists of an oral test. Part of the assessment depends on the degree of participation in the course.
Non-attending students must prepare for all the chapters in the textbook. The examination will be oral.
Erasmus students: There are no specific topics or examination arrangements.
Educational website(s)
Professor(s)
Reception:
Students can contact the teacher by e-mail to arrange for day and reception hours.
Teams platform