Learning outcomes of the course unit
The course aims to provide students with a wide knowledge of Constitutional Law.
At the end of the course our students will develop the following abilities:
- to understand the the Italian form of government, even in its evolutionary tendencies;
- to understand the Italian "sources of law" system and the criteria for resolving inconsistencies between legal norms;
- to understand and resolve the problems that arrise from the multilevel constitutionalism, with specific concern for the effects of the European Union norms in the Italian legal system;
- to know the rules that govern the Italian model of constitutional justice, developing a critical approach to the decisions of the Italian Constitutional court.
Constitutional Law, together with the Institutes of Private Law exam and with The Institutes of Roman Law exam, is preparatory to all the other progress exams, with the exception of those belonging to the scientific-disciplinary IUS/19 (History of Italian Law) and IUS/20 (Philosophy of Law) and SECSP01 (Political Economics).
Course contents summary
The first part of the course will introduce to the class the fundamental notions of Constitutional Law. Particular attention should be drawn to the concept of the "separation of powers" and the "protection of fundamental rights" through the development of the first modern constitutions of America and France.
This section also describes the historic process that leads to the adoption of the Italian Constitution, stressing the differences between our democracy and the fascist period.
The second part of the course will present the various Forms of Government. At this stage, students will aquire a deep knowledge of our constitutional organization.
Afterwards, the class will focus on the "sources of law". Special attention will be placed on the idea of multilevel costitutionalism with specific regard to the integration of the European Union.
The last part of the course will describe the rules governing the Italian constitutional justice system. In this section the study of fundamental rights and freedoms will be presentend.
The special part of the Course will analyze the position of the human person in the Italian constitutional system.
For the general section, one of following two books:
T. MARTINES, Diritto Costituzionale, Giuffrè, Milano, last ed.
R. BIN, G. PITRUZZELLA, Diritto costituzionale, Giappichelli, Torino, last ed.
For the special section, the following book:
N. OCCHIOCUPO, Liberazione e promozione umana nella Costituzione. Unità di valori nella pluralità di posizioni, Giuffrè, Milano, ult. ed.
A necessary step in preparing the examination is the study of legal rules. For this purpose it can be of help M. BASSANI, V. ITALIA, C.E. TRAVERSO, Leggi fondamentali dell’ordinamento costituzionale italiano, Giuffrè, Milano, ult. Ed
The course will be carried out through lessons and meetings with italians and foreigns teachers.
Assessment methods and criteria
Students of the course will take an oral exam.
Evaluation will focus on:
- the ability to use appropriate technical juridical language;
- knowledge of the themes of the course;
- the ability to discern important trends and the evolution of Constitutional law;
- the ability to link the various themes of the Course;
- the ability to critically examine the principal features of Constituional law.