Elements of constitutional law
Scientific Disciplinary Sector (SSD)
IUS/08 - CONSTITUTIONAL LAW
1° periodo lezioni (1A), 1° periodo lezioni (1B)
The course is intended to provide the student with the knowledge of the system of legal sources and of the norms of the Constitution, with specific attention to the judicial system, the form of the Italian government, fundamental rights and constitutional guarantees.
At the end of the course, the student will be able to elaborate on legal issues concerning the main topics of the subject, in both oral and written forms, developing proper reasoning and argumentation, using an appropriate and specific vocabulary, reaching independent judgement on actual cases, adopting a method based on continuous learning and knowledge updating.
The course will cover the following subjects:
- the distinction between subjective and objective law
- the distinction between law and regulation
- legal system concepts
- the differing characteristics of legal norms
2. Sources of law
- Basic notions (sources of production and sources of cognition, statutory and custom sources, typical and atypical sources)
- Typology: constitutional sources, primary state sources (in particular, law decree and legislative decree) and secondary sources, regional sources, international and foreign sources, and European
- criteria for resolving contrasts between sources
3. The State:
- historical formation
- constitutive elements (nation, country, and sovereignty)
- State structures and classifications
- distinctions between state structures and government structures
4. The Italian Constitution:
- introduction: the concept of the Constitution
- fundamental principles
- rights and duties of citizens
- constitutional bodies:
b) the Government
c) the President of the Republic
d) the Constitutional Court
- judiciary power
- regions and local autonomy
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
The final exam will have two parts. In the first, students must respond in writing to three open questions to verify an understanding of the text of the Constitution, and to resolve basic applied law source problems. In the second, students must respond to oral questioning to determine whether they are capable of independent, critical analysis of the subjects covered during the course.
For students attending the course, there will be an optional midterm examination of open questions on the subjects covered during the course. Students who pass this exam must then take an oral exam on a fixed date that covers the remaining part of the course.
ERASMUS students should discuss exam options with the professor.
The final grade is out of 30 possible points, and will be determined by the average of the written and oral exam scores.
For attending students who have taken the midterm exam, the final grade will be determined by the result of the midterm and final oral exams, with their scores proportional to the total amount of course subject matter covered in each.