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

Learning outcomes:

• Acquire knowledge of the foundational categories of Italian constitutional law, also from a historical and doctrinal perspective.

• Learn the language and interpretative methods specific to public law, to be applied across its various branches.

• Develop a critical and informed use of legal texts and constitutional case law.

Through individual study, class attendance, and participation in the proposed learning activities, students will be able to:

• Understand and recall the main legal provisions that regulate constitutional dynamics, as well as the relevant institutions and system structure.

• Identify the primary sources of public law and interpret and apply the norms contained therein.

• Grasp the structure and functioning of the constitutional system and recognize the significance of individual rights.

• Critically assess, with independent judgment, proposals for constitutional and institutional reforms.

• Read and critically analyze scholarly articles and case law, especially decisions by the Constitutional Court and supranational courts.

• Express themselves using appropriate legal terminology.

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.

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 (which will also serve as the basis for the lectures):

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

Recommended supplementary textbook (optional, suggested for students seeking additional support):

R. Bin and G. Pitruzzella, 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/

TEACHERS AND EXAM BOARD

LESSONS

LESSONS START

The start date of the course will be communicated as soon as it is available

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.