Fundamental rights
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Constitutional law
Classe: LMG/01
- A.A. 2022/2023
- CFU 9, 6(m), 9(m)
- Ore 45, 30(m), 45(m)
- Classe di laurea L-14, LMG/01(m)
Basic knowledge of modern and contemporary history is strongly recommended. Students can attend the History of Western Legal Tradition course to gain such knowledge.
The purpose of the course is to provide a comprehensive overview of the Italian constitutional system, focusing on interactions between the Italian legal system and those of the European Union and the Council of Europe.
In the first part of the course, students will be introduced to constitutional fundamentals, the Italian system of government, and sources of law (including European primary and secondary legislation).
In the second part of the course, particular attention will be paid to the Italian Constitutional Court's role and the degree of protection granted to fundamental rights by courts at different levels. The use of court cases in the lectures will make students deal with first-hand materials, facilitating them to acquire familiarity with vocabulary and valuable practice for their academic and professional careers.
The course consists of two parts: the first is devoted to the fundamentals of Italian Constitutional law, the system of government, and the Italian sources of law, with references to European primary and secondary legislation.
The main topics are the following:
- The making of the Italian Constitution
- Popular Sovereignty and Separation of Powers
- Parliament
- Government
- President of the Republic
- Judicial System
- Italian Sources of Law
- European primary and secondary legislation
The second part aims to set the Italian constitutional system in the European legal area. A list of crucial court cases from the Italian Constitutional Court, the European Court of Human Rights, and the Court of Justice of the European Union is analysed to reconstruct the system of fundamental rights protection in the European context. Most of this second part of the course will be focused on cases and precedents to stimulate the discussion during the classes.
The main topics are the following:
- The Italian Constitution in the European Legal Area
- Italian Constitutional Court and Constitutional Adjudication
- Multilevel Protection of Fundamental Rights
- Selected case-law
- 1. (A) Cartabia, Lupo The Constitution of Italy. A Contextual Analysis Hart Publishing, Oxford; Portland, Oregon, 2020 » Pagine/Capitoli: Chapters 1-6 and 8-10
- 2. (C) Barsotti, Carrozza, Cartabia, Simoncini Italian Constitutional Justice in the Global Context Oxford University Press, Oxford, 2016
The second part of the course is mainly based on materials, scientific papers, and case notes provided on the course website and Teams.
Non-attending students' program consists of the following Chapters of the handbook (1-6 and 8-10) and the materials provided during the second part of the course.
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The first part of the course, which is more theoretical, consists of lectures.
The second part of the course has a more practical approach. Students will be involved actively in class discussions of the cases: small groups of discussion leaders will be selected for each class to present specific cases to their colleagues under the supervision of the Professor.
Renowned scholars may be invited as guest speakers.
- At the end of the first part of the course, students may submit a written test (open-ended questions) on a voluntary basis. The final exam will be oral.
In the case of attending the midterm exam, it will be counted as 50% of the final evaluation, and the final exam will count for the residual 50%. In case of not attending the midterm exam, the final exam will count as 100% of the final mark.
During the oral exam, the student will be required to show their knowledge of constitutional law and the ability to apply it to practical cases. The student is expected to analyse sources and theories independently and use the appropriate legal vocabulary, thus proving that they have acquired the study method.
The evaluation criteria are the following:
- knowledge and understanding of constitutional law and ability to apply them to concrete cases (65%);
- appropriate use of the legal vocabulary, ability to analyse and evaluate sources, and acquisition of the study method (35%).
English
English