ISTITUZIONI DI DIRITTO PUBBLICO M - Z

The course provides the basic elements of public law, understood as a discipline concerning the structure of the powers of the State and other public institutions. The discipline includes elements of general theory of law and of the State, the relations between the legal system of the Republic, the international and extra-national regulations, the sources of law, the organization of constitutional powers and the guarantees of fundamental rights and liberties.

THE STATE AND ITS SOURCES. THE CONSTITUTIONAL ORGANIZATION OF THE STATE

Production sources. Sources of cognition. Sources-fact and sources-act. Referral techniques to other systems. The function of interpretation. Antinomies and resolution techniques. Chronological criterion and repeal. The hierarchical criterion and the cancellation. The criterion of the specialty. The criterion of competence. Reserve of law and principle of legality. Meaning of "constitution". Constituent power and constituted powers. "Flexible" constitutions and "rigid" constitutions. The Italian Constitution. State sources. European sources. The sources of autonomous bodies. The state. The forms of state. The forms of government. The government. The parliament. The president of the Republic. Regions and local authorities. Public Administration. The administrative acts and provisions.

FUNDAMENTAL RIGHTS. CONSTITUTIONAL JUSTICE AND THE ADMINISTRATION OF JUSTICE.

Freedom and constitutionally guaranteed rights. The principle of equality. Constitutional justice. Constitutional Court. The control of constitutionality on the laws. Attribution conflicts. The admissibility judgment of the abrogative referendum. Ordinary judges and special judges. Constitutional principles regarding jurisdiction. The legal status of ordinary magistrates. The Superior Council of the Magistracy. The minister of justice.

R. BIN and G. PITRUZZELLA, Public Law, XVI edition, G. Giappichelli Editore, Turin, 2018.

alternatively

G. FALCON, Outlines of public law, XIV edition, Wolters Kluwer, Milan, 2017.

During the lessons the students must be provided with an updated text of the Constitution of the Italian Republic and the normative texts requested by the teacher.

To this end, we recommend:

M. BASSANI, G. BOTTINO, M. DELLA TORRE, V. ITALY, G. RUGGERI and A ZUCCHETTI, Basic laws of public and constitutional law, XLII edition, Giuffrè Francis Lefebvre, Milan, 2018.