OVERVIEW

The course focuses on the study of the legal framework governing the organization of the State, territorial autonomies, and constitutionally relevant individual legal positions—both of citizens and non-citizens residing or temporarily staying in the country. It will be approached through the lens of constitutional provisions and their implementing laws, with necessary references to international and European Union law.

This course is fundamental and serves as a prerequisite for nearly all other courses within the degree program.

AIMS AND CONTENT

LEARNING OUTCOMES

To gain knowledge of fundamentals of Italian constitutional law, also from the historical perspective and the perspective of legal scholars. To learn legal terms and interpretative methods which are typically used in Public Law, also as a tool to study its specific fields later. To develop critical thinking skills in using relevant legal texts and constitutional rulings.

PREREQUISITES

There are no specific requirements.

TEACHING METHODS

Teaching Methods

The course will be delivered through 54 hours of in-person lectures (9 ECTS), covering the main theoretical and legal foundations of the subject. These will also include references to historical events, current issues, and relevant case law.

Class attendance is strongly recommended and encouraged.

When necessary, brief texts will be made available on the Aulaweb platform to be read in advance of their discussion in class. For easier access to the case law of the Constitutional Court, students may consult the website: www.giurcost.org.

On occasion, scholars, judges, legal professionals, or public officials with expertise or practical experience in specific topics may be invited to speak, to help students gain deeper insight into the real-world application and broader implications of constitutional law.

Structured forms of active student participation (e.g., presentations of research or in-depth analysis on agreed topics) may also be proposed on a voluntary basis.

Students with valid certifications for Specific Learning Disorders (SLD), disabilities or other educational needs are invited to contact the teacher and the Department's disability liaison officer at the beginning of the course to agree on any teaching methods that, in accordance with the teaching objectives, take into account individual learning styles.

SYLLABUS/CONTENT

Course Content:

Topics will include, but are not limited to (and not necessarily in the order listed):

• General theory of the legal system and interpretation

• Conflicts and gaps in the law and methods of resolution

• Concepts of public law and the Constitution

• Historical developments of constitutionalism and constitutional law

• Forms of state and forms of government

• Overview of Italian constitutional history

• The Republican Constitution: origins, structure, and key features

• The system of legal sources and its evolution

• Fundamental principles

• Constitutional rights and duties

• Rights in the European multilevel legal context

• Democracy, representation, and forms of direct participation at various levels

• Electoral systems: general concepts and current regulations

• Parliament

• The President of the Republic

• The Government and public administration

• The judiciary and the High Council of the Judiciary (CSM)

• Territorial autonomies

• Constitutional revision

• Relations with international and European Union law

• Constitutional and supranational justice

RECOMMENDED READING/BIBLIOGRAPHY

STUDY MATERIAL (SAME FOR ATTENDING AND NON-ATTENDING STUDENTS)*

Required textbook (to be used also during lectures)::

P. Costanzo, Testi normativi per lo studio del diritto costituzionale italiano ed europeo [TOMO I. Profili organizzativi], Giappichelli, Torino, XV ed., 2023.

Recommended textbook (suggested for students seeking additional support):

R. Bin and G. Pitruzzella, Manuale di Diritto costituzionale, Giappichelli, Torino, most recent edition.

(*) Regular attendance, if duly verified, will be taken into account in the final assessment by the Instructor, particularly through the opportunity to:
– take a written midterm exam (if it takes place), and
– prepare for the final exam with a topic of choice among those discussed in class.

Please note that:

- Any documents and slides used during the course will also be made available on the Aulaweb platform, and

- The case law of the Italian Constitutional Court can be accessed on the Consulta OnLine website: http://www.giurcost.org/

- Specific indications on reference bibliography will be provided by the professor at the beginning of the lectures 

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

https://giurisprudenza.unige.it/didattica_lezioni

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is conducted orally

ASSESSMENT METHODS

During the final exam, students will be asked to respond to a series of questions aimed at assessing both the knowledge acquired and their ability to navigate the subject matter.

The number of questions, their degree of specificity, the length of the exam, and any interruption of a student's response—whether to ask more targeted follow-up questions or to move from the initial question to a different one—should not be interpreted as indicators of the exam going well or poorly (let alone as attempts to unfairly penalize or assist the student). These are simply methods used to assess, as accurately as possible and within the limited time available, the quantity and quality of the student's knowledge and skills.

Evaluation criteria will also include the clarity and accuracy of the exposition, the correct use of legal terminology, and, in particular, the student's ability to reason critically about the topics studied.

The following legal texts may be freely consulted: P. Costanzo, Testi normativi per lo studio del diritto costituzionale italiano ed europeo [TOMO I. Profili organizzativi], Giappichelli, Torino, 15ma ed., 2023.

 Students having a valid certification of disability or Specific Learning Disorders (DSA)  may request the use of compensatory measures during the exams (e.g. additional time and/or concept maps), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

FURTHER INFORMATION

Ask the professor for other information not included in the teaching schedule