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Subject: CONSTITUTIONAL LAW (A.A. 2020/2021)

degree course in LAW IN BUSINESS AND PUBLIC ADMINISTRATION

Course year 1
CFU 9
Teaching units Unit Diritto cotituzionale
Constitutional Law (lesson)
  • TAF: Basic compulsory subjects SSD: IUS/08 CFU: 9
Teachers: Federico PEDRINI, Luca VESPIGNANI
Exam type oral
Evaluation final vote
Teaching language Italiano
Contents download pdf download

Teachers

Federico PEDRINI
Luca VESPIGNANI

Overview

At the end of the teaching, the student should have acquired knowledge of the fundamental elements of the Italian constitutional system both from a theoretical and general point of view and from the point of view of institutional organization. On the basis of this knowledge he should therefore be able: 1) to orient himself in the system of sources of law so as to be able to reconstruct, also on a practical level, the discipline applicable to a given case; 2) to take adequate account of the constitutional dimension in his approach to the legal phenomenon; 3) to interact with the public apparatus in its various explanations.

Admission requirements

A good knowledge, both oral and written, of the Italian language and of the history of the Republic is required. Important are attention, method of study, critical sense.

Course contents

1) Preliminary notions: 1 cfu (7 h)
- legal rule: 0,25 cfu (1 h 45 min.)
- natural law and positivism: 0,25 cfu (1 h 45 min.)
- interpretation: 0,50 cfu (3 h 30 min.)
- concept of Constitution: 0,25 cfu (1 h 45 min.)
2) State and forms of State: 1 cfu (7 h)
- rule of Law: 0,25 cfu (1 h 45 min.)
- democratic rule of law: 0,25 cfu (1 h 45 min.)
- autocratic state: 0,25 cfu (1 h 45 min.)
- forms of State and territorial organisation: 0,25 cfu (1 h 45 min.)
3) sources of law: 3 cfu (21 h)
- constitutional law: 0,25 cfu (1 h 45 min.)
- ordinary law: 0,50 cfu (3 h 30 min.)
- acts with the force of law of the Government: 0,50 cfu (3 h 30 min.)
- regional law: 0,25 cfu (1 h 45 min.)
- regulations: 0,50 cfu (3 h 30 min.)
- legal custom: 0,25 cfu (1 h 45 min.)
- international law: 0,25 cfu (1 h 45 min.)
- european law: 0,50 cfu (3 h 30 min.)
4) situazioni giuridiche soggettive del diritto costituzionale: 1,5 cfu (7 h)
- rights of freedom: 0,50 cfu (3 h 30 min.)
- social rights: 0,50 cfu (3 h 30 min.)
- economic rights: 0,25 cfu (1 h 45 min.)
- political rights: 0,25 cfu (1 h 45 min.)
5) organization of the Republic: 2,5 cfu (21 h)
- Parlament: 0,50 cfu (3 h 30 min.)
- President of the Republic: 0,50 cfu (3 h 30 min.)
- Government: 0,50 cfu (3 h 30 min.)
- Judiciary: 0,50 cfu (3 h 30 min.)
- Constitutional Court: 0,50 cfu (3 h 30 min.)

Teaching methods

In the academic year 2020-2021 lessons are offered on line in asynchronous mode due to the Covid- 19 situation. Usually, however, the course is delivered in blended mode and therefore provides: 1) 40 hours of frontal lessons in Italian transmitted in streaming and recorded to be made available on the appropriate portal. During these lessons, the emphasis will be on the consultation of regulatory sources and practical cases of particular importance will be examined in order to highlight the concrete effects of the institutions addressed. 2) A package of pre-recorded video lectures on specific topics. Attendance is optional and, alongside the main teaching activity, seminars and meetings dedicated to the in-depth study of the topics dealt with will be offered.

Assessment methods

The modalities of the learning verification will take place either on campus or on line depending on the evolution of the Covid-19 situation. Usually, however, It is possible to divide the examination into two parts. A) If the student decides for this option: 1) The first part of the examination consists of a written test on the organizational part, which will be held once at the end of the lessons. This test consists of 30 multiple choice questions, each of which will be worth one point in case of correct answer and 0 points in case of wrong answer or no answer. To be admitted to the oral test you must have obtained at least a score of 18/30. 2) The second part of the examination consists of an oral test using the free interview method and covers the remaining part of the program. This test has a minimum duration of about 15 minutes, during which the examiner is asked at least three questions. The evaluation indicators of this test are - Ability to use knowledge (35%) - Ability to connect knowledge (25%) - Mastery of legal language (20%) - Ability to discuss topics (15%) - Ability to deepen the topics (5%) The vote of the second test is also expressed in thirtieth and to be promoted you must obtain at least the score of 18/30. The final grade is expressed in thirtieth and will constitute the arithmetic average of the votes obtained in the two tests (written and oral). B) If the student does not decide for option A) or has not passed the written test, the exam will be held orally on all the subjects dealt with in the manner and according to the criteria indicated above. In both options, in order to obtain a score of 30/30 cum laude the student must demonstrate that he or she has acquired an excellent knowledge of all the subjects dealt with and that he or she is able to link them in a logical and consistent way with an appropriate use of legal language.

Learning outcomes

1) Knowledge and understanding.
At the end of teaching, the student will be able to:
- identify the main regulatory sources of the Italian legal system;
- describe the main institutes of constitutional law.
2) Applied knowledge and comprehension skills:
At the end of teaching, the student will be able to:
- connect the notions learned with a systematic approach;
- apply these notions with reference to simple and paradigmatic cases.
3) Autonomy of judgment
At the end of teaching, the student will be able to:
- make critical use of the knowledge acquired with regard to new cases;
- justify the proposed solution with respect to such cases.
4) Communication skills
At the end of teaching the student will be able to:
- make appropriate use of the specialist vocabulary;
- effectively present the concepts learned
5) Learning ability
At the end of the teaching the student will be able to
- implement their knowledge with respect to topics that have not been dealt with directly in the context of teaching;
- update their knowledge in relation to developments in the regulatory and jurisprudential framework.

Readings

Il testo di riferimento consigliato è: VIGNUDELLI, Diritto Costituzionale, Giappichelli, Torino, 2018, ad esclusione dei capitoli VI ed XI. Le diapositive utilizzate dal docente nelle lezioni frontali sono messe a disposizione sul portale dolly all’inizio delle lezioni. Le decisioni della Corte costituzionale a cui si fa riferimento durante le lezioni possono essere reperite presso il sito istituzionale www.cosrtecostituzionale.it.