COSTITUTIONAL LAW R - Z

IUS/08 - 12 CFU - 2° Semester

Teaching Staff

GIUSEPPE CHIARA


Learning Objectives

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.



Detailed Course Content

COURSE PLAN

GENERAL SECTION: Elements of the general theory of the State. - Forms of state and forms of government. - The person and the social formations in the constitutional system: rights of freedom and

public duties. - The system of sources of law: general concepts, the Constitution and its revision, the sources of the State, of the autonomies, of the EU and the international ones. - The judicial function. - The constitutional principles on Public Administration. - Constitutional justice. The organization of the Republic: the electorate, the Parliament and the functions of the Chambers, the President of the Republic, the Government, the subsidiary bodies; Independent Authorities, Regions and other territorial authorities; connections between the State and other local authorities.

SPECIAL SECTION: Although this is an institutional course, the study of Constitutional Law should encourage the student from the first year of University, to refine the skills of critical reflection on the institutions of law which constitute the "legal method", which is essential in the exercise of professions related to a law degree. With this aim, the detailed study of some issues of particular interest in Constitutional Law, such as those treated in the suggested volumes, among which the student will be able to choose alternatively from, is an integral part of the program.



Textbook Information

institutions of law which constitute the "legal method", which is essential in the exercise of professions related to a law degree. With this aim, the detailed study of some issues of particular interest in Constitutional Law, such as those treated in the suggested volumes, among which the student will be able to choose alternatively from, is an integral part of the program.

COURSE MATERIALS / BILIOGRAPHY

L. ARCIDIACONO – A. CARULLO - E. CASTORINA, Diritto costituzionale, Cedam, Padova, last ed. (with the exception of pages 371-412).

Alternatively, the study could be conducted on other Manual, as agreed with the Professor.

SPECIAL SECTION: Although this is an institutional course, the study of Constitutional Law should encourage the student from the first year of University, to refine the skills of critical reflection on the institutions of law which constitute the "legal method", which is essential in the exercise of professions related to a law degree. With this aim, the detailed study of some issues of particular interest in Constitutional Law, such as those treated in the volumes listed below, among which the student will be able to choose alternatively from, is an integral part of the program:

A. BARBERA, La Costituzione della Repubblica italiana, Giuffrè, Milano, 2016, pages 9-48; 73-93; 101-131; 143-158.

or

A. CARIOLA, Sull'interpretazione costituzionale e altri saggi, Giappichelli, Torino, 2015.

or

E. CASTORINA, Riflessioni sul proceso costituente europeo, Giappichelli, Torino, 2010, only for academic papers n. 4, 7, 8, 14, 15.

or

A. CIANCIO, Persona e “demos”. Studi sull’integrazione politica in Italia e in Europa, Giappichelli, Torino, 2010, only essays n. 2, 4, 5, 6, and 12.

or

G. CHIARA, Le leggi statutarie delle regioni speciali, Aracne, Roma, 2012, limitatamente ai capitoli I e III.

To pass the exam is also essential the knowledge of the Constitution and of the fundamental laws for its implementing. In this regard, the student can use one of the following legislative codes:

- 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 of student’s choice with the foresight that this is the last edition.

NB The students still in debt with the exam can upgrade the program with immediate effect




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