The course analyses the origins and evolution of constituionalism; the notion of constitution; the constitutions' birth, contents, application, transformations and revisions, and the limits of constitutional changes; the sources of law in a comparative perspective; the form of the State; the structure of government; the notion, recognition and enforcement of fundamental rights. An insight into the basic principles, the sources of law and the institutions of the European Union will be provided.
IN YOU ATTEND THE CLASSES:
- Your notes;
- G. Cerrina Feroni, G. Morbidelli, M. Volpi, Diritto Costituzionale Comparato, Torino, Giappichelli, 2020 ESCLUSIVAMENTE nelle parti trattate a lezione.
- G. Cerrina Feroni, T.E. Frosini, S. Torre, Codice delle Costituzioni, vol I, Padova, CEDAM, 2015.
- G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Roma-Bari, Laterza, 2020: CHAPTERS I (evoluzione storica), II (istituzioni politiche), par. 1 e 2 del cap. III (Corte di giustizia), V (sistema delle competenze), VI (sistema delle fonti).
IF YOU DO NOT ATTEND THE CLASSES:
- G. Cerrina Feroni, G. Morbidelli, M. Volpi, Diritto Costituzionale Comparato, Torino, Giappichelli, 2020: CHAPTERS: I, II, III, IV, VI, VII, VIII
- G. Cerrina Feroni, T.E. Frosini, S. Torre, Codice delle Costituzioni, vol I, Padova, CEDAM, 2015
- G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Laterza, 2020: CHAPTERS I (evoluzione storica), II (istituzioni politiche), cap. III (Corte di giustizia), V (sistema delle competenze), VI (sistema delle fonti), cap. VII (norme dell'Unione e norme italiane).
Learning Objectives
The course is designed to provide students the basic knowledge of contemporary constitutionalism conceived as an instrument to regulate a polity and as an instrument of dialogue and guarantee in contemporary dividedand/or plural societies.
Specific skills of legal research, analysis and comparative methods will be developed during the course, as to encourage students to critically discuss present and past jurisdictions.
At the end of the course, those who will have attended it fruitfully should be able to find all the sources and materials needed to discuss constitutional issues, they should master the basic methodological tools and the fundamentals of the discipline to compare different constitutional experiences (with special focus on the European Union), and to be able to express structured and informed opinions.
Prerequisites
It is highly recommended to have succesfully passed the exam of Public Law.
Teaching Methods
The course includes both lectures and a series of conferences devoted to specific jurisdictions, to crucial topics of contemporary consititutional debate, and to the European Union.
For aa 2020-21 we will focus on the impact of Covid-19 pandemic on European forms of governments.
Further information
For the purpose of the final exam, your attendance is valid till september 2021
Type of Assessment
If you ATTEND the classes:
-written exam consisting in five open questions (WITHOUT access to your notes and/or reference books) on the course's topics. One out of the five questions ALWAYS concerns EU law. The exam lasts 1hrs and 30 minutes. The evaluation of the exam will be based on: students' knowledge of the topics, students' critical analysis and synthesis, clarity of exposition and appropriate use of specific legal language. In specific cases, with the PREVIOUS agreement with the lecturer, the exam can be oral.
- OPTIONAL- a short written critical analysis of the form of government of a foreign jurisdiction. Further guidance & guidelines for the analysis will be provided during the first classes. Students are HIGHLY ENCOURAGED to comply with the provided guidelines.
THERE ARE NO MID-TERM EVALUATIONS
If you do NOT ATTEND the classes
-written exam consisting in five open questions (WITHOUT access to your notes and/or reference books) on the course's topics. One out of the five questions ALWAYS concerns EU law. The exam lasts 1hrs and 30 minutes. The evaluation of the exam will be based on: students' knowledge of the topics, students' critical analysis and synthesis, clarity of exposition and appropriate use of specific legal language. In specific cases, with the PREVIOUS agreement with the lecturer, the exam can be oral.
Course program
The detailed syllabus for students attending the course will be provided during the first classes, via email (upon request) and published on Moodle.