Social sciences and humanities
Subject: CONSTITUTIONAL LAW (A.A. 2022/2023)
Unit Diritto costituzionale-
Constitutional Law (lesson)
The course aims to provide students with the knowledge of the essential foundations of the constitutional italian system, both in terms of classification theory and general buoyancy force, as outlined by the Constituent and evolving in ordinary legislation and practice, both in the institutional organization, with particular attention to the dynamic / applications of the discipline. In addition to knowledge of the structure and of the main content of the legal positive Italian, as well as of the institutions of their constitutional right, the course aims to provide learners with a sound knowledge of the fundamentals of the legal method, in order to enable them to acquire the structures base necessary to address the study of other areas of the law of public law area, subject to specific teachings in the overall course of study offered by the degree course. All this will ensure a thorough cultural training of lawyers and will allow students to orient themselves in front of the legal phenomenon with awareness, developing operational expertise in the identification of specific rules applicable to the resolution of specific cases, and to interact with public authorities with expertise.
A good knowledge of the Italian language, both oral and written, and of the history of the Italian Republic is required.
A solid higher education is obviously beneficial, with particular regard to general culture and elementary logical skills.
A willingness to listen, ability to concentrate, adequate method of study, critical sense are essential.
1) Preliminary notions (1 cfu):
- legal rule
- natural law and positivism
- concept of Constitution
2) State and forms of State (1 cfu):
- rule of Law
- democratic rule of law
- autocratic state
- forms of State and territorial organisation
3) sources of law (3 cfu):
- constitutional law
- ordinary law
- acts with the force of law of the Government
- regional law
- legal custom
- international law
- european law
4) situazioni giuridiche soggettive del diritto costituzionale (2,5 cfu):
- rights of freedom
- social rights
- economic rights
- political rights
5) organization of the Republic (4,5 cfu):
- President of the Republic
- Constitutional Court
The course is mainly held through academic lessons and dialogues, leaving large space for the resolution of doubts and analysis of issues directly raised by students, in order to encourage their active participation and their critical reflection. There is also the possibility for the students to attend to seminars and meetings dedicated to specific current topics of constitutional law, with the eventual contribution of external experts. In this regard, particular attention will be paid to the interaction with other doctrines of the degree course, especially, as well as those belonging to the area of public law, with those related to the philosophy of law, history and ecclesiastical law, in order to show the complexity of the discussed problems from different points of view. Teaching will be provided in presence, subject to health regulations and any consequent measures.
The examination takes place in oral form. The students attending the course have the possibility to check their knowledge through an optional written test on the institutional organization of Italian Republic; the optional written test, if passed, will be valid until the beginning of the new academic year. Both the verification procedures aimed at ascertaining the acquired student's ability to navigate in the plot of institutional relations of the republican, operating the necessary links, and to be able to critically use the knowledge acquired, with particular attention to the general principles enshrined in our constitutional text, the sources and the recognition and protection of fundamental rights legislative and judicial, privileging the figure of understanding than merely mnemonic. On the one hand, the test will include twenty multiple choice questions and three open questions, in order to control not only the level of assimilation of the concepts, but also the ability to expose them as part of a stand-alone speech logically structured; on the other hand, the oral exam will be conducted in a dialogue mode to determine whether the examinee is able to establish connections between different subjects and to apply categories learned, communicating clearly and unambiguously its conclusions, managing the complexity of the situations addressed and the solutions proposed by arguing. The examinations and intermediate tests will be held in person, subject to health regulations and any subsequent measures.
The organization of the course and the procedures of final evaluation are designed to provide the students with a solid technical and cultural basic knowledge, to hone their language and communication skills in both written and oral field and to develop a critical approach to the legal text, also for the future application of acquired knowledge to practical cases. In particular, it can reasonably expect the following: Knowledge and understanding: through lectures and discussion in the classroom, as well as the intervention of experts, the student will learn the methodology and legal knowledge of the regulated republican, both from a theoretical point of view as application/operating. Ability to apply knowledge, understanding and independent judgment: during the lessons, it will be submitted to students relevant and current issues in order to allow them to apply, under the guidance of the teacher, the skills acquired, in critical thinking about traditional institutions of constitutional law and arguing effectively the lawfulness or appropriateness the solutions adopted or to be adopted. Communication skills: open questions of the written exercise, as well as the oral exam, will allow the student to develop a competent ability to synthesize, to express the concepts learned in a language appropriate legal and to hold a discussion on the issues discussed. Learning skills: the proposed activities allow students to acquire the fundamentals of a precise methodological approach that will allow them, not only to understand any reforms will be working in the field of constitutional law, but also to deal with cognition subsequent teachings of public sphere offered by the degree program.
VIGNUDELLI, Diritto Costituzionale, Giappichelli, Torino, 2021.