CONSTITUTIONAL JUSTICE

Knowledge and comprehension

The course is aimed to provide students with adequate knowledge and skills to critically evaluate the institutions of the Constitutional Justice’s system, both from a procedural and substantial point of view (constitutional parameter). The course will pay particular attention to the contributions of constitutional jurisprudence, to the parameter made up by constitutional rights and freedoms, including consideration of constitutional "common" principles to the EU States, as well as the so-called dialogue between Courts (Constitutional Court, Court of Justice and Court of Human Rights).

Applying knowledge and comprehension

The knowledge of institutions is aimed primarily at the application of the concepts learned, stimulating students' ability to control the problems and identify possible solutions. The learning objectives will be conducted through lectures, during which will be especially stimulated the interest of students in the discussion and the argumentation on case studies and issues related to the constitutional actuality on the basis of the knowledge acquired.

The origins of the Constitutional justice: the sent. Marbury vs. Madison and judicial review of legislation. Models of constitutional justice. Mixed systems and their diffusion. Constitutional jurisdiction in Italy. The debate in the Constituent Assembly. The precedents: the High Court for the Sicilian Region. The sources of constitutional justice. Composition, organization and functioning of the Constitutional Court. The incidental constitutional judgment: the requirements; the object of judgment; faults submitted to the judgment; the parameter; the trial stage under the so called “giudice a quo”; the trial stage under the Constitutional Court; the decisions of constitutionality. The direct judgment: the principal examination on laws; the examination about ordinary Regional Statutes. The constitutional conflicts: the conflict of jurisdiction between local Governments and State, the conflict of jurisdiction between State powers. The criminal constitutional proceedings. The admissibility of the referendum. The Constitutional Court in the form of government.

Manuals, one to chose from the following:

• E. MALFATTI - R. ROMBOLI - S. PANIZZA, Giustizia costituzionale, Giappichelli - Torino, last edition

or

• A. RUGGERI – A.SPADARO, Lineamenti di giustizia costituzionale, Giappichelli – Torino, last edition

Constitutional codes, one to chose from the following:

• E. MALFATTI, S. PANIZZA, R. ROMBOLI, Giustizia costituzionale. Atti normativi, Giappichelli – Torino, last edition

• M. CHIAVARIO - A. GIORGIS (a cura di), Codice della giustizia costituzionale, Giuffré - Milano, last edition