OVERVIEW

The matter concerns the study of the discipline applicable to the organization of the State, to territorial autonomy and to the constitutionally relevant subjective situations of citizens and non-citizens resident or residing, in the light of the constitutional and implementing provisions, with the necessary references to the international and European Union law.

The teaching is fundamental and preparatory to almost all the other teachings of the course.

AIMS AND CONTENT

LEARNING OUTCOMES

The course aims to introduce the fundamental public law issues, to acquire familiarity with theoretical and dogmatic legal reasoning, as well as to critically learn the essential notions for the continuation of legal education from a didactic, scientific and professional point of view, starting from the knowledge and understanding of the Constitution and its implementing laws.

AIMS AND LEARNING OUTCOMES

Individual study, attendance and participation in the proposed training activities will allow the student to:

• Understand and remember the main regulatory provisions that regulate the development of the constitutional dynamics as well as the subjects and the structure of the system;
• Identify the main applicable public sources and understand and apply the rules contained therein
• Understand the structure and the functioning mechanism of the constitutional system and be aware of the meaning and relevance of individual rights;
• Understand and critically evaluate, with independent judgment, the proposals for constitutional and institutional reforms;
• Read and critically examine, with independent judgment, scientific articles, texts of sentences, in particular of the Constitutional Court and the supranational Courts;
• Express oneself with appropriate technical legal language.

PREREQUISITES

Good knowledge of the Italian language

TEACHING METHODS

The teaching consists of lectures, for a total of 54 hours (equal to 9 credits), during which the main theoretical notions of the subject will be presented and analysed, but examples and practical cases will also be proposed and discussed. When necessary, texts of particular relevance will be attached to Aulaweb on the basis of which to start specific insights and a collective comparison. Interested students will also be able to propose and present to the class judgments or other issues subject to individual study.

Occasionally officials, scholars and experts may be invited to lecture on topics of particular interest and current affairs, also in order to allow students to acquire greater awareness of the concrete and applicative dimension of the subject.

SYLLABUS/CONTENT

The course will cover, indicatively and not exhaustively (and not necessarily in the order indicated here), the following topics:

• Outlines of general theory of legal system and interpretation
• Antinomies, gaps and related resolution criteria
• The notions of public law and Constitution
• The historical developments of constitutionalism and constitutional law
• Forms of State and forms of government
• Outlines of Italian constitutional history
• The Republican Constitution: genesis, structure and characterizing features
• The system of sources and its developments
• The fundamental principles
• Constitutional rights and duties
• Rights in the European 'multilevel' context
• Democracy, representation and forms of direct participation at various levels
• Electoral systems: general notions and current legislation
• Parliament
• The President of the Republic
• The Government and public administration
• The judiciary and the CSM
• Territorial autonomies
• The revision of the Constitution
• Relations with the international legal system and with the European Union
• Constitutional and supranational justice

RECOMMENDED READING/BIBLIOGRAPHY

1) R. Bin and G. Pitruzzella, Constitutional Law, Giappichelli, latest edition

or alternatively

P. Caretti, U. De Siervo, Constitutional and Public Law, Giappichelli, latest edition.

[ Different university textbooks may be used following agreements with the teacher ]

2) P. Costanzo, Normative texts for the study of Italian and European constitutional law: I. Organizational profiles, Giappichelli, latest edition (to be used in a complementary manner to the manual for the best consultation of the normative texts referred to in it or during the lessons)

The important topic of sources may be explored in full or in part in the following volume, which is strongly recommended especially for non-attending students, but also recommended for attending students who - integrating what can be gleaned from the lessons and other reference texts - want to acquire a more solid and accurate preparation on the subject:

3) F. Sorrentino, The sources of Italian law, CEDAM, latest edition

For easier consultation of the jurisprudence of the Constitutional Court, you can refer to the website www.giurcost.org.

In Aulaweb, or in other ways that will be communicated, any supplementary teaching materials will be made available to be used - on a mandatory or optional basis - for the purposes of preparing for the final exam and/or for a more conscious and profitable participation in the lessons.

In line with the provisions contained in the "Manifesto degli studi", a significant differentiation will be ensured between the individual study load of regularly attending students and that of non-regularly attending students.

Regularly attending students will also be able to benefit from further concessions (e.g. with reference to the exam methods), in addition to, first of all, the advantage in itself deriving from careful participation in the lessons (the content of which will coincide at least in large part with what will be requested in the final interview).

For intuitive reasons, previous and now outdated editions of the indicated volumes should not be used, nor should other texts or teaching aids not agreed with the teacher (“cheat sheets”, compendiums, summaries, diagrams and various materials available online etc. ... such presumed “aids” are very often characterized by gross and misleading simplifications - therefore counterproductive for the purposes of preparation and the exam - if not by real errors).

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

Unless otherwise communicated (via AulaWeb and/or other official channels) the course will regularly begin in the first week of lessons of the first semester

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The final exam will be oral.

ASSESSMENT METHODS

During the final exam, students will be asked to answer a certain number of questions aimed at verifying the knowledge acquired and the ability to orient themselves in the subject.

Attending students may be given the opportunity to choose, or agree in advance with the teacher, a topic on which to carry out part of the exam.

The greater or lesser number of questions, their greater or lesser specificity, the greater or lesser duration of the exam, the possible interruption of the student's response in order to formulate more specific "sub-questions" or abandon the initial question in favor of a different question will not be considered as signals of the good or bad progress of the exam (much less as attempts to penalize or unduly facilitate the student being questioned), but are simply and exclusively methods to ascertain in the most correct way possible - in any case in the limited time available - the quantity and quality of the knowledge and skills acquired.

The correctness and precision of the presentation, the appropriate use of legal vocabulary and, in particular, the ability to reason critically with regard to the topics studied will also constitute evaluation parameters.

Students in possession of a regular disability certification or DSA diagnosis may request to avail themselves of compensatory measures during the exam tests (e.g. additional time, concept maps, changes in the written/oral mode), following the procedure indicated in the guidelines (p. 5) published here. In any case, for further information, it is possible to contact the Department's contact teacher at the address: Isa.Fanlo@unige.it

FURTHER INFORMATION

Study materials, notices and other updates are published on the AULAWEB page of the course.

For any further information regarding the course, contact the professor.