Public law

A.A. 2015/2016
Insegnamento per
12
Crediti massimi
60
Ore totali
SSD
IUS/09
Lingua
Inglese
Obiettivi formativi
Knowledge and understanding
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 and duties at national and European level.
Applying knowledge and understanding
The students must be able to use their knowledge and understanding in order to interpret the Italian constitutional order and to support arguments and solving hypothetical problems related to the evolution of the main areas of contemporary constitutionalism and of Italian Public Law.
Making judgements.
The students must have the power to read the texts assigned and the relevant constitutional and legal norms, to inform judgements that include reflection on the main legal issues related to the contemporary constitutionalism and to the Italian Public Law.
Communication skills
The students must communicate their knowledge in contemporary constitutionalism and in Italian Public Law, and also their autonomous reflections in the same field of study, with correct legal terminology, systemic thought and proper logical reasoning to both specialist and non-specialist audiences.
Learning skills
The students must have developed those learning skills that are necessary for them to go forward to undertake their further work in Comparative Constitutional Law, International Law and European Union Law, with a high level of self-sufficiency.

Struttura insegnamento e programma

Edizione attiva
Moduli o unità didattiche
Unità didattica 1
IUS/09 - ISTITUZIONI DI DIRITTO PUBBLICO - CFU: 3
Lezioni: 20 ore

Unità didattica 2
IUS/09 - ISTITUZIONI DI DIRITTO PUBBLICO - CFU: 3
Lezioni: 20 ore

Unità didattica 3
IUS/09 - ISTITUZIONI DI DIRITTO PUBBLICO - CFU: 3
Lezioni: 20 ore

Unità didattica 4
IUS/09 - ISTITUZIONI DI DIRITTO PUBBLICO - CFU: 3
Studio e pratica individuale: 0 ora

STUDENTI FREQUENTANTI
Prerequisiti e modalità di esame
The examination is intended to evaluate the achievement of the course's goals and, in particular, the full and appropriate student's knowledge of the Public Law, in general and in respect of the Italian legal system, in a systematic way and with property of technical legal language and logical reasoning.
The examination is written and consists of two parts.
The student has 1h 45m to complete the exam.
This exam consists of two parts.
For the Part I, the student has to answer to each of the ten questions proposed, by crossing the correct proposition among the four provided.
There is only one completely correct proposition for each question.
To each right answer are assigned 3 points; to each incorrect or skipped answer are assigned 0 points; crossing more than one answer and/or producing an unintelligible sign results in 0 points.
For the Part II, the student has to write an essay on the specific theme provided, according to your "status" (if "attending" - frequentante or "not attending" - non frequentante).
A range between 0 and 5 points is assigned considering pertinence, correctness, completeness, logicality and legal terminology.
Skipping this part results in 0 points.
If the sum of the points assigned in each of the two parts of the exam is equal or higher than 33, then the result is "30 Lode".
Only an English translation of the Italian Constitution, without notes, is permitted; no dictionary is allowed.
Metodi didattici
Frontal lesson with schemes on the withboard in class.
Unità didattica 1
Programma
The first part of the course examines: the concept of law and of legal order; the interpretation of law; the difference between the common law system and the civil law system; the general characteristic of the State; the forms of State; unitary, federal and regional States; globalisation and multi-level constitutionalism; the foundation of the European legal order; the forms of government; the distinction between the circuit of political decision and the circuit of legal adjudication.
Materiale didattico e bibliografia
For the first part of the course the attending class student must study the lecture notes taken independently and the book: G.F. Ferrari (ed.), Introduction to Italian Public Law, Milan, Giuffrè, 2008, chapters: 1st, 2nd, 3rd.
The student is encouraged to read and study an unofficial version of the Italian Constitution freely available at the website of the Italian Presidency of the Republic: www.quirinale.it
Unità didattica 2
Programma
The second part of the course examines: the Parliament and the electoral function; the Government; the Public Administration; the Regions and Local Governments; the President of the Republic.
Materiale didattico e bibliografia
For the second part of the course, the attending class student must study the lecture notes taken independently and the book: G.F. Ferrari (ed.), Introduction to Italian Public Law, Milan, Giuffrè, 2008, chapters: 4th, 5th, 6th, 7th, 8th.
The student is encouraged to read and study an unofficial version of the Italian Constitution freely available at the website of the Italian Presidency of the Republic: www.quirinale.it
Unità didattica 3
Programma
The third part of the course examines: the Judiciary; the constitutional justice, the system of italian socurces of law; the system of regional and local government sources of law; the relationship between international and european sources of law and domestic legal order; the fundamental rights and freedoms (individual rights, rights in the public sphere, social rights, economic right, political rights, public duties).
Materiale didattico e bibliografia
For the third part of the course, the attending class student must study the lecture notes taken independently and the book: G.F. Ferrari (ed.), Introduction to Italian Public Law, Milan, Giuffrè, 2008, chapters: 9th, 10th, 11th, 12th, 13th, 14th.
The student is encouraged to read and study an unofficial version of the Italian Constitution freely available at the website of the Italian Presidency of the Republic: www.quirinale.it
Unità didattica 4
Programma
WARNING!: Be careful that *only* the student enrolled in the degree programme in *Communication and Society (Corso di laurea in Comunicazione e Società)* must add this extra part of the programme of Public Law for 3 credits.
This extra part's programme will not be taught in class and, therefore, must be studied by the student solely at home.
The part examines the origins of the right of privacy and some relevant aspects of the Italian rules regarding the framework for the electronic communication sector and the broadcasting sector.
Materiale didattico e bibliografia
S. Warren and L. Brandeis, On the Right to Privacy, Harvard Law Review, vol. 4, p. 193 of December 15, 1890 (also available in an electronic version on Internet) or M. Orofino, The Italian Rules regarding Radio Frequencies : the Frameworks for the Electronic Communication Sector and the Broadcasting Sector, Astrid Rassegna, vol. 18/2012, n. 16 of October 22, 2012, p. 1 (available only upon request to the professor).
STUDENTI NON FREQUENTANTI
Unità didattica 1
Programma
The first part of the course examines: the concept of law and of legal order; the interpretation of law; the difference between the common law system and the civil law system; the general characteristic of the State; the forms of State; unitary, federal and regional States; globalisation and multi-level constitutionalism; the foundation of the European legal order; the forms of government; the distinction between the circuit of political decision and the circuit of legal adjudication.
For students not attending calss, the first part of the course also examines the process of integration between European Union and national constitutional law regarding debate on constitutionalization of the European Union, the evolution of European Union under the federalizing process' theory and the division of competencies between the European Union and the Member States.
Materiale didattico e bibliografia
For the first part of the course the not attending class student must study the book: G.F. Ferrari (ed.), Introduction to Italian Public Law, Milan, Giuffrè, 2008, chapters: 1st, 2nd, 3rd and the book: P. Bilancia, The Dynamics of the EU Integration and the Impact on the National Constitutional Law, Milan, Giuffrè, 2012, chapters: 1st, 2nd, 3rd.
The student is encouraged to read and study an unofficial version of the Italian Constitution freely available at the website of the Italian Presidency of the Republic: www.quirinale.it
Unità didattica 2
Programma
The second part of the course examines: the Parliament and the electoral function; the Government; the Public Administration; the Regions and Local Governments; the President of the Republic.
For students not attending calss, the second part of the course also examines the process of integration between European Union and national constitutional law regarding the evolution of a multlivel system of governance.
Materiale didattico e bibliografia
For the second part of the course, the not attending class student must study the book: G.F. Ferrari (ed.), Introduction to Italian Public Law, Milan, Giuffrè, 2008, chapters: 4th, 5th, 6th, 7th, 8th and the book: P. Bilancia, The Dynamics of the EU Integration and the Impact on the National Constitutional Law, Milan, Giuffrè, 2012, chapters: 4th, 6th.
The student is encouraged to read and study an unofficial version of the Italian Constitution freely available at the website of the Italian Presidency of the Republic: www.quirinale.it
Unità didattica 3
Programma
The third part of the course examines: the Judiciary; the constitutional justice, the system of italian socurces of law; the system of regional and local government sources of law; the relationship between international and european sources of law and domestic legal order; the fundamental rights and freedoms (individual rights, rights in the public sphere, social rights, economic right, political rights, public duties).
For students not attending calss, the third part of the course also examines the process of integration between European Union and national constitutional law regarding the sources of european law after the Treaty of Lisbon, the process of convergence in safeguarding human rights by national and european courts.
Materiale didattico e bibliografia
For the third part of the course, the not attending class student must study the book: G.F. Ferrari (ed.), Introduction to Italian Public Law, Milan, Giuffrè, 2008, chapters: 9th, 10th, 11th, 12th, 13th, 14th and the book: P. Bilancia, The Dynamics of the EU Integration and the Impact on the National Constitutional Law, Milan, Giuffrè, 2012, chapters: 5th, 9th.
The student is encouraged to read and study an unofficial version of the Italian Constitution freely available at the website of the Italian Presidency of the Republic: www.quirinale.it
Unità didattica 4
Programma
WARNING: Be careful that *only* the student enrolled in the degree programme in *Communication and Society (Corso di laurea in Comunicazione e Società)* must add this extra part of the programme of Public Law for 3 credits.
This extra part's programme will not be taught in class and, therefore, must be studied by the student solely at home.
The part examines the origins of the right of privacy and some relevant aspects of the Italian rules regarding the framework for the electronic communication sector and the broadcasting sector.
Materiale didattico e bibliografia
S. Warren and L. Brandeis, On the Right to Privacy, Harvard Law Review, vol. 4, p. 193 of December 15, 1890 (also available in an electronic version on Internet) or M. Orofino, The Italian Rules regarding Radio Frequencies : the Frameworks for the Electronic Communication Sector and the Broadcasting Sector, Astrid Rassegna, vol. 18/2012, n. 16 of October 22, 2012, p. 1 (available only upon request to the professor).
Periodo
Secondo trimestre
Periodo
Secondo trimestre
Modalità di valutazione
Esame
Giudizio di valutazione
voto verbalizzato in trentesimi
Docente/i
Ricevimento:
3/9/2019, ore 15.30-18.30; 11/9/2019, ore 15.30-18.30; 18/9/2019, ore 15.30-18.30; 24/9/2019, ore 15.30-18.30
Dipartimento di Studi Internazionali, Giuridici e Storico-Politici, edificio di Via Passione n. 15, 1° piano, stanza n. 102