Public Law
A.Y. 2023/2024
Learning objectives
The students must demonstrate a broad knowledge and a clear understanding of contemporary constitutionalism and Italian Public Law, in particular, considering: the legal phenomenon, the sources of law, the forms of State and of Government, the electoral law and the institutes of direct democracy, the Italian Parliament, the Italian President of the Republic, the Italian Government, the Italian regionalism and system of local government, the Italian Public Administration and the general notions about administrative acts, the Italian Judiciary, the Constitutional justice, the fundamental rights at national and European level
Expected learning outcomes
The course aims to provide students with a correct legal methodology. Attendance of the course is strongly recommended also in order to get an adequate methodological approach to the study of public law and legal studies. The course will allow the student to acquire the fundamental notions of the Italian Public Order, in its historical evolution, in its current structure and in the light of the European integration process.
The course intends to develop the critical skills of the students in relation to the topics dealt with, that will be addressed through the analysis of the institutions, the constitutional text, the main laws and case law that will also be examined in the light of the most recent institutional, political and social developments. Students must be able to analyse and interpret the Constitution and the main Laws, to acquire a correct legal reasoning and a critical capacity in relation to the different topics covered by Public Law. The course also aims to enable students to interpret the main political and institutional events related to Public law in an autonomous way, from a legal point of view.
Students must be able to communicate their knowledge with correct legal terminology, systemic thought and proper logical reasoning. The course provides the tools to develop a legal reasoning and also gives the students the necessary bases to study other Law Courses such as Comparative Constitutional Law, Administrative Law, International Law, Immigration Law and European Union Law.
The course intends to develop the critical skills of the students in relation to the topics dealt with, that will be addressed through the analysis of the institutions, the constitutional text, the main laws and case law that will also be examined in the light of the most recent institutional, political and social developments. Students must be able to analyse and interpret the Constitution and the main Laws, to acquire a correct legal reasoning and a critical capacity in relation to the different topics covered by Public Law. The course also aims to enable students to interpret the main political and institutional events related to Public law in an autonomous way, from a legal point of view.
Students must be able to communicate their knowledge with correct legal terminology, systemic thought and proper logical reasoning. The course provides the tools to develop a legal reasoning and also gives the students the necessary bases to study other Law Courses such as Comparative Constitutional Law, Administrative Law, International Law, Immigration Law and European Union Law.
Lesson period: Second trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
A-K
Responsible
Lesson period
Second trimester
Course syllabus
As an indication, the course examines: the foundations of a legal order; the forms of State; the forms of government; the international law and the relationships between the international legal order and the national legal order (overall view); the European legal order and the relationships between the European Union law and the national law; the system of the sources of law; the principles of Italian constitutional order; the institutions of representative democracy and the referendum; the Italian legislative power; the Italian President of the Republic; the Italian executive power; the Italian regional and local government; the Italian system of public administration; the Italian judicial system; the Italian judicial review of legislation and the Constitutional Court, the fundamental rights.
Prerequisites for admission
There are no prerequisites, (Attendance of the course is strongly recommended)
Teaching methods
Frontal lesson. The cours aims to encourage the active participation of the students examining the most important and recent political-constitutional events.
Teaching Resources
P. Bilancia e E. De Marco (a cura di), L'ordinamento della Repubblica. Le Istituzioni e la Società, Padova, CEDAM, ultima edizione, capitoli I, II, III, IV, V, VI, VII, VIII, IX, X.
Assessment methods and Criteria
The exam consists in an oral test concerning the topics covered in the course: three questions covering (as an indication) each part of the course. The test aims to verify the achievement of the course objectives and, in particular, the full knowledge of the subject and the ability to expose it with legal logic, legal language and good reference to the main constitutional rules and laws.
L-Z
Responsible
Lesson period
Second trimester
Course syllabus
As an indication, the course examines: the foundations of a legal order and the principles of legal reasoning; the forms of State; the international law (overall view) and the relationships between the international legal order and domestic legal order; the European integration's process and the European legal order (overall view); the system of the sources of law; the forms of government; the principles of Italian constitutional order; the Italian constitutional history; the fundamental rights; the referendum and the institutions of representative democracy; the Italian Legislative Power; the Italian President of the Republic; the Italian Executive Power; the Italian regional and local system of government; the Italian system of Public Administration; the Italian Judiciary; the Italian judicial review of legislation and Constitutional Court.
Prerequisites for admission
none
Teaching methods
The teaching will take place through lectures, with the use of slides, videos and digital materials, facilitating questions and reflections for further insights. All docs will be uploaded on the wed page "Public law" of the website www.lifeimprisonment.eu
Teaching Resources
First and second units:
- notes from lessons;
- manual: L'ordinamento della Repubblica. Le Istituzioni e la Società, (a cura di) P. Bilancia e E. De Marco, III edizione, Cedam, Padova, 2018 (or last edition, if available).
Third units:
- notes from lessons;
- manual: L'ordinamento della Repubblica. Le Istituzioni e la Società, (a cura di) P. Bilancia e E. De Marco, III edizione, Cedam, Padova, 2018 (or last edition, if available);
- book: P. Pinto de Albuquerque, I diritti umani in una prospettiva europea. Opinioni concorrenti e dissenzienti (2011-2015), a cura e con un saggio di Davide Galliani, prefazione di P. Bilancia, Giappichelli, Torino, 2016 (at least 10 opinions).
- one of these two books:
a) Emilio Dolcini, Elvio Fassone, Davide Galliani, Paulo Pinto de Albuquerque, Andrea Pugiotto, Il diritto alla speranza. L'ergastolo nel diritto penale costituzionale, Giappichelli, Torino, 2019 (at least 3 chapters of firs part and 3 chapters of second part).
b) Emilio Dolcuni, Fabio Fiorentin, Davide Galliani, Raffaello Magi, Andrea Pugiotto. Il diritto alla speranza davanti alle corti. Ergastolo ostativo e articolo 41-bis, Giappichelli, Torino, 2020.
- notes from lessons;
- manual: L'ordinamento della Repubblica. Le Istituzioni e la Società, (a cura di) P. Bilancia e E. De Marco, III edizione, Cedam, Padova, 2018 (or last edition, if available).
Third units:
- notes from lessons;
- manual: L'ordinamento della Repubblica. Le Istituzioni e la Società, (a cura di) P. Bilancia e E. De Marco, III edizione, Cedam, Padova, 2018 (or last edition, if available);
- book: P. Pinto de Albuquerque, I diritti umani in una prospettiva europea. Opinioni concorrenti e dissenzienti (2011-2015), a cura e con un saggio di Davide Galliani, prefazione di P. Bilancia, Giappichelli, Torino, 2016 (at least 10 opinions).
- one of these two books:
a) Emilio Dolcini, Elvio Fassone, Davide Galliani, Paulo Pinto de Albuquerque, Andrea Pugiotto, Il diritto alla speranza. L'ergastolo nel diritto penale costituzionale, Giappichelli, Torino, 2019 (at least 3 chapters of firs part and 3 chapters of second part).
b) Emilio Dolcuni, Fabio Fiorentin, Davide Galliani, Raffaello Magi, Andrea Pugiotto. Il diritto alla speranza davanti alle corti. Ergastolo ostativo e articolo 41-bis, Giappichelli, Torino, 2020.
Assessment methods and Criteria
The exam takes place in an oral test, usually three questions, each on a topic of a teaching unit, aimed at ascertaining the full knowledge of the subject and the ability to expose it with logical-systematic method and technical-legal language properties ( also to frame and describe new phenomena or case studies). In order to take the exam, therefore, the student must set up the study using a systematic interpretation of the institutes addressed during the course. The exam, in fact, requires the student to be able to handle all the subject, demonstrating that he or she has the ability to navigate public law topics.
Educational website(s)
Professor(s)