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 students are expected to be able to: - understand the Italian form of government, even in its evolutionary tendencies; - understand the Italian "sources of law" system and the criteria for resolving inconsistencies between legal norms; - understand and resolve the problems that arise from the multilevel constitutionalism, with specific concern for the effects of the European Union norms in the Italian legal system; - know the rules that govern the Italian model of constitutional justice, developing a critical approach to the decisions of the Italian Constitutional court.
No prerequisite for students enrolled in the first year from the academic 2014/2015. Students enrolled in the first year from previous years 2013/2014, in order to take the exam of Constitutional Law, must have passed the examinations of: Institutions of Private Law and Institutions of Roman Law.
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.
T. MARTINES, Diritto Costituzionale, Giuffrè, Milano, last ed. or 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 first part of the course will take place mainly through teacher-fronted lessons, favoring the dialogue and the interaction with the students. The second part of the course will take place with actively participation of the students, through group work concerning text analysis and text production about case study assignment.
Assessment methods and criteria
Students of the course will take an oral exam consisting of at least 3 questions to determine to what extent, on a scale from 0 to 30, the student is able to highlight the knowledge of the themes of the course. Evaluation will also focus on: - the ability to use appropriate technical juridical language; - knowledge of the topics of the course; - ability to discern important trends and the evolution of Constitutional law; - ability to link the various themes of the Course; - ability to critically examine the principal features of Constituional law. The sufficient threshold is considered to be achieved when the student has demonstrated knowledge and understanding of the institutes of the program and is able to implement the correct interactions among the various parts of the program. If this is not achieved, the exam will be considered inadequate.