Teaching code

4S008454

Teacher

Giampietro Ferri

Coordinator

Giampietro Ferri

Credits

12

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/08 - CONSTITUTIONAL LAW

Period

1° periodo lezioni (1A), 1° periodo lezioni (1B)

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

The course aims at giving students the basic tools to comprehend the constitutional legal methodology in relation to the sources of law (basic level), the form of Italian government, the structure of the Constitution and of the provisions thereof. The course's goal is to offer to students the knowledge required to be aware of their rights/duties as citizens and to understand the dynamics of the public decision-making processes. At the end of the course, students shall be able to interpret the provisions of the Italian Constitution, to deal with juridical questions by adopting a Constitution-oriented approach and to solve basic applicative issues related to the sources of law. Students shall also be able to autonomously form their opinions on public facts connected to the constitutional law

Prerequisites and basic notions

Nobody

Program

The course will cover the following subjects:
1. Law:
- 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
- origins
- features
- fundamental principles
- rights and duties of citizens
- constitutional bodies:
a) Parliament
b) the Government
c) the President of the Republic
d) the Constitutional Court
- judiciary power
- regions and local autonomy.

Bibliography

Didactic methods

72 hours (12 CFU) of lectures

Learning assessment procedures

Learning assessment methods
The exam will take place in two phases. In the first phase the student will have to respond in writing to three "open" questions, aimed at verifying that the candidate is able to understand the text of the Constitution and solve "normal" application problems of the sources of law. In the second phase the student will have to answer some oral questions, aimed at ascertaining in particular the candidate's ability to carry out an independent critical reflection on the topics of the program. For attending students, there is an optional intermediate test. This test will consist of a series of "open" questions, mainly concerning the topics covered during the course. Students who have passed this test will subsequently have to take an oral exam on the remaining part of the program in one of the sessions scheduled in the academic calendar.
Language: Italian.
For ERASMUS students, the exam will take place in oral form and in Italian, on a differentiated program to be agreed with the teacher.
Evaluation criteria and composition of the grade
The grade is expressed in thirtieths. The final grade will be established by averaging the grade of the written test and the oral test. The written test will focus on all the topics of the program (from 1 to 4: law, sources of law, State and Italian Constitution). The maximum score, equal to 30/30, is divided as follows between the four topics of the program: 1) 3 points; 2) 7 points; 3) 4 points; 4) 16 points. For attending students who participated in the intermediate test, the final grade will be determined by the result of the intermediate test and the result of the final oral test in proportion to the amount of program covered by each test.

Evaluation criteria

The exam is aimed at ascertaining, in addition to acquiring the required knowledge, that students have acquired sufficient analytical skills. In particular, the test is aimed at verifying:
- the depth and breadth of the acquired knowledge
- the property of language
- the ability to connect knowledge in a systematic form;
- analytical and argumentative ability

Criteria for the composition of the final grade

30/30

Exam language

Italiano