Constitutional law and Fundamental Rights
Scientific Disciplinary Sector (SSD)
IUS/08 - CONSTITUTIONAL LAW
2° periodo di lezioni - GEM (febbraio/aprile) dal Feb 10, 2021 al Apr 1, 2021.
The course proposes a critical survey of the emergency constitutional Law and focuses on the consti-tutional systems of emergency. The course provides to analyze the instruments for an understanding of relationship between consti-tutional law and legal definition of emergency, examining how the emergencies influence the funda-mental rights guaranteed by the Constitution and how the priority of constitutionalism is balance free-dom and security. The area of emergencies will be developed on many areas involving the sources of law, the constitutional law of war. The course analyzes the rights and the changes of system of government during the time of emergencies. The course provides to analyze how a government or division of government (i.e. on a municipal, provincial/state level) may declare that their area is in a state of emergency. This means that the government can suspend and/or change some functions of the executive, the legislative and/or the judiciary during this period of time. A government can declare a state of emergency during a time of natural or human-made disaster. The course provides an introduction to the basic constitutional prin-ciples of emergency during a period of natural or human made disaster.
The legal definition of emergency. The classical doctrines of emergency. The legal forms of emergency: the emergency law, the constitutional crisis, the illegal revision, the absolute emergency. The state of exception. Emergencies and technical limitations of fundamental rights. War and constitution. Law of war. The necessary powers. The minimal constitutional imperative. The constitutional relationship between war and system of government. The role of journalism during emergency and disaster situations
|Giovanni Di Cosimo
||La parabola dei diritti. Vent'anni di tensioni crescenti sul fronte della tutela dei diritti umani
Students that will attend the lectures must study:
1) lecture notes.
Students that will not attend the lectures must study
2) : Giovanni Di Cosimo, La parabola dei diritti. Vent’anni di tensioni crescenti sul fronte della tutela dei diritti umani, Giappichelli, 2020.
The students that will not attend the lectures are invited to contact Daniele Butturini (email@example.com) at the beginning of the course in order to set teaching methods and assessment tests.
For students not attending the course, there will be an oral examination; for students attending the course, there will be an oral examination.
Goals of the examination.
The oral test consists of a discussion aimed at verifying:
- the knowledge of the exam program topics
- the depth and breadth of the acquired knowledge;
- the property of language;
- the ability to connect systematically knowledge;
- analytical and argumentative ability
The final evaluation is expressed in thirtieth.
ERASMUS students are invited to contact Daniele Butturini (firstname.lastname@example.org) at the beginning of the course in order to set teaching methods and assessment tests.