Giuseppe DI GENIO | Constitutional Law

cod. 0160100015

CONSTITUTIONAL LAW

	0160100015
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2020/2021

PERCORSO UNIQUE CURRICULUM

	OBBLIGATORIO
	YEAR OF COURSE 1
	YEAR OF DIDACTIC SYSTEM 2012
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/08	10	90	LESSONS	BASIC COMPULSORY SUBJECTS

	Objectives
	LEARNING CONSTITUTIONAL LAW IS FUNDAMENTAL FOR HAVING KNOWLEDGE OF THE FUNDAMENTAL PILLARS OF THE LEGAL ORDER AND AS AN ESSENTIAL BACKGROUND FOR THE STUDY AND FOR THE IN-DEPTH ANALYSIS OF ALL THE OTHER AREAS OF THE LAW. THE STUDY OF CONSTITUTIONAL LAW IS AIMED TO LET THE STUDENT AWARE OF THE RELEVANCE OF THE PRINCIPLES RELATED TO THE ORGANIZATION, THE POWERS AND THE PURPOSES OF THE STATE, THROUGHOUT THE COMPREHENSION OF THE ITALIAN CONSTITUTION. LEARNING OUTCOMES: 1)KNOWLEDGE AND UNDERSTANDING: ANALYSIS OF THE LEGAL CONCEPTS CONCERNING THE ESSENTIAL TOPICS OF THE CONSTITUTIONAL LAW, THE FUNDAMENTAL PRINCIPLES, THE SOURCES OF LAW, THE FUNDAMENTAL RIGHTS, THE CONSTITUTIONAL BRANCHES OF GOVERNMENT, THE CIRCUIT OF INSTITUTIONAL GUARANTEES, THE REGIONAL FORM OF STATE, THE RELATIONSHIPS BETWEEN THE ITALIAN LAW, THE EUROPEAN LAW AND THE INTERNATIONAL LAW, THE RELATIONSHIPS BETWEEN THE FORM OF STATE, PLURALISM AND THE MEDIA. 2)APPLYING KNOWLEDGE AND UNDERSTANDING: THE KNOWLEDGE ACQUIRED BY THE STUDENT MUST DEVELOP ITS CAPACITIES TO MAKE CRITICALLY ARGUMENTS, AND THEREFORE TO BECAME A LEGAL SCHOLAR E/O EXPERT CAPABLE TO READ AND TO INTERPRET THE CONSTITUTION AND THE LAWS IN THE FRAMEWORK OF THE POLITICAL-LEGISLATIVE ACTIVITY.

LEARNING CONSTITUTIONAL LAW IS FUNDAMENTAL FOR HAVING KNOWLEDGE OF THE FUNDAMENTAL PILLARS OF THE LEGAL ORDER AND AS AN ESSENTIAL BACKGROUND FOR THE STUDY AND FOR THE IN-DEPTH ANALYSIS OF ALL THE OTHER AREAS OF THE LAW. THE STUDY OF CONSTITUTIONAL LAW IS AIMED TO LET THE STUDENT AWARE OF THE RELEVANCE OF THE PRINCIPLES RELATED TO THE ORGANIZATION, THE POWERS AND THE PURPOSES OF THE STATE, THROUGHOUT THE COMPREHENSION OF THE ITALIAN CONSTITUTION.
LEARNING OUTCOMES:
1)KNOWLEDGE AND UNDERSTANDING: ANALYSIS OF THE LEGAL CONCEPTS CONCERNING THE ESSENTIAL TOPICS OF THE CONSTITUTIONAL LAW, THE FUNDAMENTAL PRINCIPLES, THE SOURCES OF LAW, THE FUNDAMENTAL RIGHTS, THE CONSTITUTIONAL BRANCHES OF GOVERNMENT, THE CIRCUIT OF INSTITUTIONAL GUARANTEES, THE REGIONAL FORM OF STATE, THE RELATIONSHIPS BETWEEN THE ITALIAN LAW, THE EUROPEAN LAW AND THE INTERNATIONAL LAW, THE RELATIONSHIPS BETWEEN THE FORM OF STATE, PLURALISM AND THE MEDIA.
2)APPLYING KNOWLEDGE AND UNDERSTANDING: THE KNOWLEDGE ACQUIRED BY THE STUDENT MUST DEVELOP ITS CAPACITIES TO MAKE CRITICALLY ARGUMENTS, AND THEREFORE TO BECAME A LEGAL SCHOLAR E/O EXPERT CAPABLE TO READ AND TO INTERPRET THE CONSTITUTION AND THE LAWS IN THE FRAMEWORK OF THE POLITICAL-LEGISLATIVE ACTIVITY.

	Prerequisites
	KNOWLEDGE OF ITALIAN LANGUAGE ; ESSENTIAL SCHOOL KNOWLEDGE OF HISTORY AND IN PARTICULAR HISTORY OF ITALY REPUBLICAN.

	Contents
	THE COURSE IS COMPOSED OF TWO PARTS. THE GENERAL PART (80 H) IS SUBDIVIDED INTO FOUR MACRO-AREAS AS FOLLOWS: 1 - CONSTITUTIONAL ORGANIZATION OF THE STATE 2 – SOURCES OF LAW – 3 FUNDAMENTAL PRINCIPLES, FREEDOMS AND RIGHTS 4 – CONSTITUTIONAL JUSTICE. THOSE AREAS ARE STRUCTURED INTO THE FOLLOWING MACRO-TOPICS: 1.A – THE STATE 1.B – FORMS OF STATE AND FORMS OF GOVERNMENT 1.C – THE ITALIAN STATE AND ITS CONSTITUTIONAL ORGANIZATION 2.A – INTRODUCTION TO THE SOURCES OF LAW 2.B – THE CONSTITUTION AND THE OTHER SOURCES OF LAW OF NATIONAL AND SUBNATIONAL LEVEL 2.C – THE SOURCES OF EUROPEAN LAW – 3.A – FUNDAMENTAL PRINCIPLES, FREEDOMS AND RIGHTS 3.B – CONSTITUTIONAL PRINCIPLES AND VALUES – 3.C. LIBERTIES AND CONSTITUTIONAL GUARANTEES. 3.D – THE INDIVIDUAL RIGHTS AND THE RIGHTS OF THE PUBLIC SPHERE – 3.E THE ECONOMIC AND SOCIAL RIGHTS – 3.F THE ADMINISTRATIVE INDEPENDENT AUTHORITIES 4.A – OVERVIEW OF THE CONSTITUTIONAL REVIEW OF LEGISLATION 4.B – THE CONSTITUTIONAL COURT 4.C – THE CONSTITUTIONAL REVIEW OF LEGISLATION BY THE CONSTITUTIONAL COURT 4.D – THE SOLVING OF INSTITUTIONAL DISPUTES BETWEEN THE DIFFERENT BRANCHES OF GOVERNMENT, THE REFERENDUM AND THE “POLITICAL JUDGMENTS”. DURING CLASS, WILL BE PRESENTED THE CONSTITUTIONAL REFORMS PASSED DURING THE XVII LEGISLATURE UNDER THE POINT OF VIEW OF THE RECENT PRECEDENTS OF THE CONSTITUTIONAL COURT. THE FOCUS PART (10 H) IS ABOUT DIABILITY AND COMPARATIVE LAW

Contents

THE COURSE IS COMPOSED OF TWO PARTS. THE GENERAL PART (80 H) IS SUBDIVIDED INTO FOUR MACRO-AREAS AS FOLLOWS: 1 - CONSTITUTIONAL ORGANIZATION OF THE STATE 2 – SOURCES OF LAW – 3 FUNDAMENTAL PRINCIPLES, FREEDOMS AND RIGHTS 4 – CONSTITUTIONAL JUSTICE. THOSE AREAS ARE STRUCTURED INTO THE FOLLOWING MACRO-TOPICS: 1.A – THE STATE 1.B – FORMS OF STATE AND FORMS OF GOVERNMENT 1.C – THE ITALIAN STATE AND ITS CONSTITUTIONAL ORGANIZATION 2.A – INTRODUCTION TO THE SOURCES OF LAW 2.B – THE CONSTITUTION AND THE OTHER SOURCES OF LAW OF NATIONAL AND SUBNATIONAL LEVEL 2.C – THE SOURCES OF EUROPEAN LAW – 3.A – FUNDAMENTAL PRINCIPLES, FREEDOMS AND RIGHTS 3.B – CONSTITUTIONAL PRINCIPLES AND VALUES – 3.C. LIBERTIES AND CONSTITUTIONAL GUARANTEES. 3.D – THE INDIVIDUAL RIGHTS AND THE RIGHTS OF THE PUBLIC SPHERE – 3.E THE ECONOMIC AND SOCIAL RIGHTS – 3.F THE ADMINISTRATIVE INDEPENDENT AUTHORITIES 4.A – OVERVIEW OF THE CONSTITUTIONAL REVIEW OF LEGISLATION 4.B – THE CONSTITUTIONAL COURT 4.C – THE CONSTITUTIONAL REVIEW OF LEGISLATION BY THE CONSTITUTIONAL COURT 4.D – THE SOLVING OF INSTITUTIONAL DISPUTES BETWEEN THE DIFFERENT BRANCHES OF GOVERNMENT, THE REFERENDUM AND THE “POLITICAL JUDGMENTS”. DURING CLASS, WILL BE PRESENTED THE CONSTITUTIONAL REFORMS PASSED DURING THE XVII LEGISLATURE UNDER THE POINT OF VIEW OF THE RECENT PRECEDENTS OF THE CONSTITUTIONAL COURT. THE FOCUS PART (10 H) IS ABOUT DIABILITY AND COMPARATIVE LAW

	Teaching Methods
	THE COURSE PROVIDES 90 TEACHING HOURS OF LESSONS, ALSO INTERACTIVE, WITH COMPUTER’S SUPPORT. THERE WILL ALSO BE SOME TUTORIALS AND EXERCISES. WITHIN THE COURSE, THERE WILL BE ORGANIZED SEMINARS AND OTHER IN-DEPTH DISCUSSIONS ABOUT SPECIFIC TOPICS, ALSO WITH THE PARTICIPATION OF EXTERNAL SPEAKERS. THE ATTENDANCE TO THE COURSE IS RECOMMENDED. ANYWAY, THE STUDENTS UNABLE TO ATTEND MAY FOLLOW THE TUTORIALS. THE TEACHING LANGUAGE IS ITALIAN.

Teaching Methods

THE COURSE PROVIDES 90 TEACHING HOURS OF LESSONS, ALSO INTERACTIVE, WITH COMPUTER’S SUPPORT. THERE WILL ALSO BE SOME TUTORIALS AND EXERCISES. WITHIN THE COURSE, THERE WILL BE ORGANIZED SEMINARS AND OTHER IN-DEPTH DISCUSSIONS ABOUT SPECIFIC TOPICS, ALSO WITH THE PARTICIPATION OF EXTERNAL SPEAKERS.
THE ATTENDANCE TO THE COURSE IS RECOMMENDED. ANYWAY, THE STUDENTS UNABLE TO ATTEND MAY FOLLOW THE TUTORIALS.
THE TEACHING LANGUAGE IS ITALIAN.

	Verification of learning
	THE FINAL ORAL EXAM WILL BE EVALUATED FROM 18 TO 30 CUM LAUDE HAVING REGARD TO THE KNOWLEDGE OF THE ENTIRE DISCIPLINE AND OF THE CONSTITUTION. IT WILL ALSO BE EVALUATED THE COMMUNICATIVE CAPABILITY (CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS). THE VERIFICATION PARTICULARLY CONCERNS: 1)MAKING JUDGEMENTS: FIRST OF ALL, THE STUDY OF CONSTITUTIONAL LAW IS AIMED TO PROVIDE THE STUDENTS WITH KNOWLEDGES AND CAPABILITIES TO INTERPRET THE CONSTITUTION, CONSIDERING ALSO THE EUROPEAN LAW; SECONDLY, IT IS AIMED TO PROVIDE THE STUDENTS WITH A METHOD USEFUL TO READ AND ANALYZE THE LAWS AND THE PRECEDENTS OF THE ITALIAN CONSTITUTIONAL COURT, AS THE AS THE CASE-LAW OF THE EU COURT OF JUSTICE. 2)COMMUNICATION SKILLS: CAPABILITY TO PRESENT THE SUBJECT WITH CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS. 3)LEARNING SKILLS: ACQUISITION OF THE CAPABILITY TO IDENTIFY, EXAMINE AND INTERPRET THE FUNDAMENTAL TOPICS, THE LAWS AND THE PRECEDENTS OF THE CONSTITUTIONAL COURT, AND TO APPLY THIS KNOWLEDGE ALSO TO THE OTHER LEGAL COURSES. STANDARDS OF JUDGEMENT ARE: -ABILITY TO GATHER AND CRITICALLY INTERPRET COMPLEX INFORMATION IN THE SPECIFIC FIELD OF THE ITALIAN CONSTITUTIONAL REALITY, WITH THEIR INFLUENCE EUROPEAN AND INTERNATIONAL; -ABILITY TO COMMUNICATE TO A NON-SPECIALIST PUBLIC INFORMATION, IDEAS, PROBLEMS, INTERPRETATIONS AND SOLUTIONS IN THE SPECIFIC SUBJECT AREA WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT; -ACQUISITION OF REFERENCES AND TOOLS; NECESSARY LEARNING SKILLS TO FURTHER ENRICH THE PROTECTION OF THE RIGHTS AND CONSTITUTIONAL RULES AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE COURSE OF STUDY. THE STUDENTS MAY PRESENT SHORT PAPERS ON SPECIFIC IN-DEPTH TOPICS, PREVIOUSLY IDENTIFIED WITH THE PROFESSOR. THE RESULTS OF THESE PAPERS WILL BE TAKEN INTO CONSIDERATION FOR THE FINAL MARK.

Verification of learning

THE FINAL ORAL EXAM WILL BE EVALUATED FROM 18 TO 30 CUM LAUDE HAVING REGARD TO THE KNOWLEDGE OF THE ENTIRE DISCIPLINE AND OF THE CONSTITUTION. IT WILL ALSO BE EVALUATED THE COMMUNICATIVE CAPABILITY (CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS). THE VERIFICATION PARTICULARLY CONCERNS:
1)MAKING JUDGEMENTS: FIRST OF ALL, THE STUDY OF CONSTITUTIONAL LAW IS AIMED TO PROVIDE THE STUDENTS WITH KNOWLEDGES AND CAPABILITIES TO INTERPRET THE CONSTITUTION, CONSIDERING ALSO THE EUROPEAN LAW; SECONDLY, IT IS AIMED TO PROVIDE THE STUDENTS WITH A METHOD USEFUL TO READ AND ANALYZE THE LAWS AND THE PRECEDENTS OF THE ITALIAN CONSTITUTIONAL COURT, AS THE AS THE CASE-LAW OF THE EU COURT OF JUSTICE.
2)COMMUNICATION SKILLS: CAPABILITY TO PRESENT THE SUBJECT WITH CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS.
3)LEARNING SKILLS: ACQUISITION OF THE CAPABILITY TO IDENTIFY, EXAMINE AND INTERPRET THE FUNDAMENTAL TOPICS, THE LAWS AND THE PRECEDENTS OF THE CONSTITUTIONAL COURT, AND TO APPLY THIS KNOWLEDGE ALSO TO THE OTHER LEGAL COURSES.
STANDARDS OF JUDGEMENT ARE:
-ABILITY TO GATHER AND CRITICALLY INTERPRET COMPLEX INFORMATION IN THE SPECIFIC FIELD OF THE ITALIAN CONSTITUTIONAL REALITY, WITH THEIR INFLUENCE EUROPEAN AND INTERNATIONAL;
-ABILITY TO COMMUNICATE TO A NON-SPECIALIST PUBLIC INFORMATION, IDEAS, PROBLEMS, INTERPRETATIONS AND SOLUTIONS IN THE SPECIFIC SUBJECT AREA WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT;
-ACQUISITION OF REFERENCES AND TOOLS; NECESSARY LEARNING SKILLS TO FURTHER ENRICH THE PROTECTION OF THE RIGHTS AND CONSTITUTIONAL RULES AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE COURSE OF STUDY.
THE STUDENTS MAY PRESENT SHORT PAPERS ON SPECIFIC IN-DEPTH TOPICS, PREVIOUSLY IDENTIFIED WITH THE PROFESSOR. THE RESULTS OF THESE PAPERS WILL BE TAKEN INTO CONSIDERATION FOR THE FINAL MARK.

	Texts
	GENERAL PART RECOMMENDED - ONE OF A CHOICE: MARTINES, DIRITTO COSTITUZIONALE, A CURA DI G. SILVESTRI, GIUFFRÈ, MILANO, ULTIMA EDIZIONE; VIGNUDELLI, DIRITTO COSTITUZIONALE, GIAPPICHELLI, TORINO, ULTIMA EDIZIONE; BIN-PITRUZZELLA, DIRITTO COSTITUZIONALE, GIAPPICHELLI, TORINO, ULTIMA EDIZIONE; SPECIAL SECTION RECOMMENDED: GIUSEPPE DI GENIO, LIBERTA' DI INSEGNAMENTO, METODO COMPARATO E TUTELA DEL DISABILE, GIAPPICHELLI, TORINO, 2020

Texts

GENERAL PART RECOMMENDED - ONE OF A CHOICE:
MARTINES, DIRITTO COSTITUZIONALE, A CURA DI G. SILVESTRI, GIUFFRÈ, MILANO, ULTIMA EDIZIONE;
VIGNUDELLI, DIRITTO COSTITUZIONALE, GIAPPICHELLI, TORINO, ULTIMA EDIZIONE;
BIN-PITRUZZELLA, DIRITTO COSTITUZIONALE, GIAPPICHELLI, TORINO, ULTIMA EDIZIONE;

SPECIAL SECTION RECOMMENDED:
GIUSEPPE DI GENIO, LIBERTA' DI INSEGNAMENTO, METODO COMPARATO E TUTELA DEL DISABILE, GIAPPICHELLI, TORINO, 2020

	More Information
	WE RECOMMEND USING, AS AN EXAMPLE OF COLLECTION OF THE LEGISLATION CONSTITUTIONAL STATUS, A CONSTITUTIONAL CODE, ALSO COMMENTED, AND SITOGRAPHY INSTITUTIONAL AND SCIENTIFIC

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Giuseppe DI GENIO | Constitutional Law

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Giuseppe DI GENIO | Constitutional Law