INSTITUTES OF PUBLIC LAW AND SOCIAL LEGISLATION
Learning outcomes of the course unit
The aim of the course is to provide students with a general overview of the basic knowledge of the fundamental elements and of the main problem of the public law as well as to indicate the basic methodological approach for the understanding and the study of the social security legislation. At the end of the course students are expected to have acquired these Skills and abilities: - knowledge of the main categories of public law and of laws about social services; - ability to understand and comment laws and judgments concerning the topics of the course; - communication skills with appropriate legal Language - ability to apply the acquired knowledges to specific case studies.
Course contents summary
As regards contents, the course is organized in five parts. The first part of the course will be dedicated to the basic knowledges of the juridical phenomenology (law, legal system and legal provision); to the analysis of the lineaments of the State theory: the concept of State and its constituent elements; the forms of State and forms of Government; the origins and of the development of the italian and european constitutionalism and the notion of the Constitution and of its hallmarks and of the more important events of the italian constitutional history. The second part of the course will concern, specifically, the italian constitutional system. It will be analyzed the italian form of government, its evolution and its Institutions, the Regions and the other local governments, the constitutional principles about the jurisdiction and the role of the Italian Republic in the international and european legal system. The third part of the course will concern the legal sources (Constitution, law, government regulation, the regional legislation and regulation; the relationship between the European Union and the italian legal system; the peculiarities of the human rights treaties in the italian legal order). The fourth part of the course will concern the protection of fundamental rights, paying particular attention to social rights and focusing some recent case-law, as well as the role played by State, Regions and local governments in ensuring their effectiveness.
- BARBERA, C. FUSARO, Corso di diritto pubblico, Bologna, Il Mulino, last ed. The preparation will be considered adequate if students will demonstrate a good knowledge of the legislation. It is recommended: 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 students.
The second part of the course will see the active participation of students through group work on the analysis and discussion of specific cases.
Seminars concerning a deep analysis of some particular topics of public law will be organized. For each seminar, some teaching material (laws, judgments, doctrine essays) will be loaded on Elly. To download this material, online registration is required.
Assessment methods and criteria
The final evaluation (vote on thirty) takes the form of an oral examination with at least three questions, with reference to the entire program of public law as indicated in the suggested text. The oral test aims at verifying knowledge and understanding of the contents of the program, the reasoning ability and the logic of the argumentation. The familiarity with the legal institutes and the autonomy of judgment will be also verified by inviting student to explain the topics discussed during the seminars. The test is aimed at verifying student's ability to synthesize, communicative and expressive skills, as well as successful acquisition of the appropriate legal language. 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.