COSTITUTIONAL LAW A - C

Understanding and Learning Ability
The course aims to provide students with adequate expertises to enhance their capabilities in critical thinking so as to better interpret and understand the fundamental notions of positive constitutional law and State general theory, with particular reference to constitutional jurisprudence, institutions to guarantee rights and freedoms of citizens, also considering European Union member States’ common constitutional principles.
Application of gained knowledge
The acquisition of new concepts and institutions is aimed in enabling students to put what learnt into practice. Students will be able to enhance their problem solving and critical thinking capabilities. The course would consist in frontal lessons, in which students are encouraged to discuss and debate on legal problems and cases connected to institutional current events.
Autonomy of judgment
The course aims to promote in the student the acquisition of a greater awareness of the complexity of the legal phenomenon at the top of the system, with a focus also on the dynamics of the relationships between the different territorial authorities, as well as both the state's contribution to multilevel governance and the latter's influence on the main issues of constitutional law.
Communication skills
The course aims both to stimulate and to ascertain students’ acquisition of clear communication skills, particularly regarding to the ability to express themselves in appropriate technical language as well as to argue the rationale of the conclusions they get.
Learning skills
The course provides a set of tools (e.g. on-the-go tests, personalized interviews with teachers and tutors) to develop students’ learning abilities needed to identify and solve legal issues, even from an interdisciplinary perspective, through the development of the logical skills related to legal reasoning.

Frontal lessons. (three days a week, according to educational calendar). Seminars and exercises will be organized for the study of constitutional jurisprudence. Students will be asked by the teacher to solve concrete cases in the classroom.

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.

OUTLINE OF THE COURSE: introduction to the general theory of the State. - Forms of State and forms of government. - the individual and social associations in the constitutional order: rights, freedoms and public duties. - the system of the sources of law: general principles, the Constitution and its amendment process, sources of law deriving from the state, from local autonomies, and from European and international law. - the judicial power. - constitutional principles regarding the Public Administration. - Constitutional justice. - the organization of the Republic: the electorate; the Parliament; Chambers' functions; the President of the Republic; the Government, auxiliary bodies; independent authorities; the a regions and other territorial entities; relationships between the State and other territorial entities.

MID TERM EXAM: introduction to the general theory of the State. - Forms of State and forms of government. - the system of the sources of law: general principles, the Constitution and its amendment process, sources of law deriving from the state, from local autonomies, and from European and international law. The individual and social associations in the constitutional order: rights, freedoms and public duties. - The electoral body.

GENERAL PART:

L. ARCIDIACONO - A. CARIOLA - E. CASTORINA – A. CIANCIO – G. CHIARA, Diritto costituzionale, Cedam, Padova, n.p.

Other textbooks may be used if so agreed with the Professor. SPECIAL PART:

Even though this is a mandatory institutional course, the study of Constitutional law must foster, already in the first year of study, students' ability of critical thinking on the principles of law also known as "legal thinking", which is an essential element of any profession requiring a law degree. For this purpose, an integral part of the exam will be devoted to the consideration of some issues of constitutional interest, as the ones covered in the books hereby mentioned. The student can so chose among the following:

A. BARBERA, La Costituzione della Repubblica italiana, Giuffrè, Milano, 2016, only pages 9 through 48; 73 through 93; 101 through 131; and 143 through 158.
Or
A. CARIOLA, Sull'interpretazione costituzionale e altri saggi, Giappichelli, Torino, 2015.
Or
E. CASTORINA, Riflessioni sul processo costituente europeo, Giappichelli, Torino, 2010, only essays nn. 4, 7, 8, 14 and 15.
Or
A. CIANCIO, Persona e “demos”. Studi sull’integrazione politica in Italia e in Europa, Giappichelli, Torino, 2010, only essays nn. 2, 4, 5, 6, and 12.

In order to pass the exam is also indispensable to have a solid knowledge of the constitution and its fundamental executing laws. To this end, the student can choose any of the following texts:

- A. CARIOLA - G. A. FERRO, Codice di diritto costituzionale, Aracne, Roma, last ed.
Or
- M. BASSANI - V. ITALIA - G. BOTTINO - M. DELLA TORRE - A. ZUCCHETTI, Le leggi fondamentali del diritto pubblico e costituzionale, Giuffrè, Milano, last ed.

Or other theft of their choosing, making sure that it is in fact the last edition available.

Studying constitutional law must also include the analysis of the most prominent case law, especially the one of the constitutional Court. Some seminars will be organized to this end. A very useful guide to critical reading of the most prominent constitutional case law is provided by

A. CARIOLA, Il diritto costituzionale e la sua applicazione, Giappichelli, last edit. (students can choose the case law. Maximum number of pages: 30).

P.S. Students that haven't passed the exam yet can immediately update the program.