0055021 - CONSTITUTIONAL LAW (SPECIAL)

Italian

Italian

Italian

Course deals with the national and international protection of civil and social rights, taking in account both legislation and jurisprudence and administrative practices.

The course develops an analysis of Italian sources of law (state sources of law; European and international sources of law; regional and local sources of law); sources related to production and sources of production; interpretation of sources of law; conflicts and techniques of resolution.

The course develops an analysis of Italian form of government in an historical perspective and its sources of law and constitutional conventions and practices. The course especially develops the structure, formation, organizational principles and functions of the Government in the Italian Constitution and its relationship with Parliament and with the President of the Republic.

P. Caretti, I diritti fondamentali, Giappichelli, Torino 2011.

Students regularly attending classes:
a) Appunti dalle lezioni;
b) G. Tarli Barbieri, Appunti sulle fonti del diritto italiano. Parte generale, Giappichelli, Torino, 2008;
c) F. Modugno, Appunti dalle lezioni sulle fonti del diritto, Giappichelli, Torino, 2005.

Other students

a) G. Tarli Barbieri, Appunti sulle fonti del diritto italiano. Parte generale, Giappichelli, Torino, 2008;
b) F. Sorrentino, Le fonti del diritto italiano, Cedam, Padova, 2009, oppure M. Pedrazza Gorlero, Le fonti dell'ordinamento repubblicano, Giuffrè, Milano, 2010, oppure R. Bin, G. Pitruzzella, Le fonti del diritto, Giappichelli, Torino, lastest edition.

Students regularly attending classes will take the exam studying class notes, handouts and
S. Merlini, G. Tarli Barbieri, Il Governo parlamentare in Italia. Nuova edizione, Giappichelli, Torino, 2011, (chapter 6 and 7).

Other students will take the exam studying S. Merlini, G. Tarli Barbieri, Il Governo parlamentare in Italia. Nuova edizione, Giappichelli, Torino, 2011.

Knowledge: Course has the purpose to approach students to the historical development of protection of civil and social rights and to their legal regulation in present time.

Capability: Students need a basic practice in finding legal material (articles, legal texts, judiciary decisions) in the area of protection of civil and social rights.

Competence: It could be usefull for students to have a basic cultural background concerning the subject that they are approaching.

Knowledge of the system of the sources of law, namely its origins and historical formation, the present developments and the most recent constitutional court case law

Knowledge of the Italian parliamentary regime, namely its origins and historical formation, the present developments and the most recent projects of institutional reforms; critical analysis of relationship between Parliament, the Cabinet and the President of the Republic.

To have passed the examination in Constitutional Law (General) and Private Law I.

Students must have passed the exams in: Private Law (Diritto Privato I), General Constitutional Law (Diritto costituzionale)

Students must have passed the exams in: Private Law (Diritto Privato I), General Constitutional Law (Diritto costituzionale generale).

Ex cattedra lessons (40 hours).

Lectures: 40 hours

Lectures: 40 hours.

None

None.

Accordingly with number of students regularly present at lessons, one or two written tests can take place at the end of a specific part of the course. A positive result will be part of the evaluation during the oral final examination.

Final oral exam

Final oral exam.

Course deals with international and national regulation of civil and social rights, testing both legislation and jurisprudence.
In particular four points will be analyzed:
1. The national system concerning the protection of civil and social rights in the contest of modern constitutionalism.
2. The increasing of subjects holding those rights (non only cityzens).
3. Constitutional and legislative regulation.
4. Protection of rights in the international perspective.

The course mainly covers the following subjects:
-identification of sources of law;
-legal consequences of identification of sources of law;
-sources related to production and sources of production;
-historical study of Italian sources of law;
-the Italian Constitution as the founding source of Italian law;
-conflicts and techniques of resolution: the criteria of hierarchy, chronology, competence and specialisation;
-interpretation of sources of law;
-Constitutional sources; constitutional amendment statutes;
-European and international sources of law and their relationship with Italian sources of law;
-primary sources (statutes; legislative decrees; law decrees; abrogative referendum; rules of constitutional bodies; decisions of the Constitutional Court declaring the act unconstitutional);
-atypical sources;
-secondary law sources; Government regulations and delegislation;
-regional and local government sources of law;
-customary law.

The course develops an analysis of Italian parliamentary regime in an historical perspective, its sources of law and constitutional conventions and practices. The course especially develops the structure, formation, organizational principles and functions of the Cabinet in the Italian Constitution and its relationship with Parliament and with the President of the Republic.
The course mainly covers the following subjects:
- classification of the forms of government;
- forms of government and models of democracy;
- forms of government and party system;
- sources of law concerning the forms of government: the influence of the constitutional conventions and practices;
- the Italian parliamentary regime in an historical perspective: the Statute of King Carlo Alberto;
- the end of liberal regime: the establishment of Fascist regime;
- the form of government in the Constitution of Italian Republic;
- Italian parliamentary regime (1948-1993);
- the development after 1993: the establishment of a new political system after the referendums concerning electoral laws;
- the parliamentary regime after 1993: the role of the Cabinet in Parliament and in the law making process; the relationship between Cabinet, Parliament and the President of the Republic;
- the latest developments: Italian form of government and European legal context;
- the perspective of institutional reforms.