Social sciences and humanities
Subject: PUBLIC LAW (A.A. 2023/2024)
Unit Diritto pubblico
The course aims at providing students with basic knowledge of public law. It is necessary to study different legal matters which will be taught in the following years and useful to any others extra-juridical matter which is implicitly or explicitly linked to these notions (e.g. understanding the difference between a number of Italian and European law sources and their legal effectiveness).
The State. The forms of the State and government (1 CFU)
Elements of general theory of law. The sources of the Italian legal system (2 CFU)
Constitutional bodies (the Parliament; the Government; the President of the Republic; the Constitutional Court)(2CFU) Judiciary. Rights and freedoms (1 CFU)
The course will consist of 48 hours of lectures during which the students are gradually invited to exchange opinions with the lecturer in relation to the legally relevant problems emerged in course of constitutional practice. In order to favour learning in real time, the arguments examined during the lecture will be systematically summarised during the first part of the following lecture.
The first examination session after the conclusion of the course will be held in written form. The assessment will include a test with multiple answers and three open questions one of which will regard the in-depth insight into the cases or central notions in the study of matter. Other examination sessions, carried out during the year, will consist in oral examination by the lecturer. Also in this case, besides the questions aimed to verify the knowledge of all of the main parts of the programme, one will concern the analysis of the events or specific notions from legal or constitutional practice.
Knowledge and Comprehension
By means of the active participation at the lectures and study of the recommended materials the student should get insight into the analysis of legal phenomenon with particular – even if not exclusive – regard to the general profiles of public law. More in particular the student should acquire the ability to understand the constitutional organization of the State and to know the specificity of the system of the sources of law characterizing Italian legal system.
Ability in the application of knowledge and comprehension
By means of the application of the acquired knowledge, the student should be able to understand the meaning of the constitutional norm and use essential technical language of public law. Moreover he should acquire sufficient knowledge in relation to the instruments enabling him to decide which one between the two opposing legal sources should be applied.
The course enables student to acquire a number of basic notions and information in order to put forward personal motivated judgements regarding the development of the Italian institutional arrangements and the constitutional correctness of their leading actors as well as validity and reliability of the information and judgements appearing, in this matter, in the mass media.
The student should acquire essential communication skills in relation to the notions of public law, he should be able to use in a correct way the fundamental notions of the matter and to construct legal arguments.
The course should enable the student to acquire basic abilities to understand legal, normative and jurisprudential texts and to apply the acquired knowledge in order to be able to the autonomous continuous learning.
Tra i numerosi manuali di Diritto pubblico, a supporto della preparazione, si consiglia:
G. U. RESCIGNO, Corso di diritto pubblico, Zanichelli, Bologna, ultima edizione disponibile, limitatamente ai capitoli 1, 2, 3, 4, 6, 7, 8, 10, 11 (esclusi i paragrafi 2 e 3), 12, 13, 14, 15 e 18 (paragrafi da 1 a 8 e 16-17). Gli studenti potranno, peraltro, previo accordo con il docente, utilizzare altri testi aggiornati per la preparazione dell’esame.
Materiale didattico integrativo
R. PINARDI, Elementi di diritto pubblico, Giappichelli, Torino, settima edizione 2023.