Constitutional Law
A.Y. 2024/2025
Learning objectives
The course aims at improving and deepening the knowledge and undertanding of the Italian constitutional system through a theoretical and pragmatic approach, thus teaching students how to master the fundamental concepts of constitutionalism with adequate legal terminology and methodology. The course is part of the legal area of the Master's programme's multidisciplinary education, and provides the students with the elements of Constitutional Law that are necessary for the professional skillsets developed in the "Institutions and protection of rights" curriculum.
The programme of the course includes the main aspects of contemporary constitutionalism, and will pay particular attention to the fundamental principles and rights on which the legal system is based, by also considering the more complex aspects in order to develop the students' critical approach. A part of the course is dedicated to the in-class analysis of jurisprudential cases, in order to provide the student with the ability to understand and individually and critically analyse the different facets of contemporary constitutionalism.
The programme of the course includes the main aspects of contemporary constitutionalism, and will pay particular attention to the fundamental principles and rights on which the legal system is based, by also considering the more complex aspects in order to develop the students' critical approach. A part of the course is dedicated to the in-class analysis of jurisprudential cases, in order to provide the student with the ability to understand and individually and critically analyse the different facets of contemporary constitutionalism.
Expected learning outcomes
At the course's conclusion students will gain an advanced knowledge and understanding of Constitutional Law, with particular regard to the Republic's institutions and the fundamental constitutional rights and their protection.
Students will gain the ability to read and interpret Constitutional Law and the most relevant pieces of legislation in the light of the main aspects of constitutionalism.
The course also aims at encouraging a continuous exchange of views between students (and with the teacher) and to teach students how to draft, after the lessons and seminars, papers and legal texts connected to the matters that were discussed.
The course will provide students with the skills necessary to apply the acquired knolwedge and undertanding of Constitutional Law and to develop their legal reasoning and to improve their mastery of legal terminology.
Students will gain the ability to read and interpret Constitutional Law and the most relevant pieces of legislation in the light of the main aspects of constitutionalism.
The course also aims at encouraging a continuous exchange of views between students (and with the teacher) and to teach students how to draft, after the lessons and seminars, papers and legal texts connected to the matters that were discussed.
The course will provide students with the skills necessary to apply the acquired knolwedge and undertanding of Constitutional Law and to develop their legal reasoning and to improve their mastery of legal terminology.
Lesson period: First trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First trimester
Course syllabus
1. Fundamental rights in contemporary constitutionalism: multilevel constitutionalism and the digital society
2. Fundamental principles and European values
3. The personalist principle and the principle of equality
4 Principles of unity and autonomy (the constitutional Republic of autonomies)
5. The cultural and environmentalist principle
6. The catalogue of fundamental rights: personal liberty and domicile
7. Freedom of expression
8. Freedom of artistic expression and teaching
9. Freedom of movement, residence, and expatriation
10. Religious freedom
11. Freedom of assembly and association
12. Political freedom (right to vote and formation of political parties) and union freedom
13. The right to health
14. The right to education and vocational training
15. The economic constitution (Part I)
16. The economic constitution (Part II)
17. Fundamental duties
18. Balancing fundamental rights and multilevel protection of fundamental rights
19. Ordinary judges and the protection of fundamental rights (Part I)
20. Ordinary judges and the protection of fundamental rights (Part II)
21. Public administration
22. Subjective rights and legitimate interests
23. Administrative and accounting judges in the protection of fundamental rights and legitimate interests
24. Constitutional justice: characteristics of the Italian model
25. Incidental and principal access
26. Protection of fundamental rights in the ECHR
27. Protection of fundamental rights before the Court of Justice
28. New rights in the digital society
29. European data protection law (Part I)
30. European data protection law (Part II)
2. Fundamental principles and European values
3. The personalist principle and the principle of equality
4 Principles of unity and autonomy (the constitutional Republic of autonomies)
5. The cultural and environmentalist principle
6. The catalogue of fundamental rights: personal liberty and domicile
7. Freedom of expression
8. Freedom of artistic expression and teaching
9. Freedom of movement, residence, and expatriation
10. Religious freedom
11. Freedom of assembly and association
12. Political freedom (right to vote and formation of political parties) and union freedom
13. The right to health
14. The right to education and vocational training
15. The economic constitution (Part I)
16. The economic constitution (Part II)
17. Fundamental duties
18. Balancing fundamental rights and multilevel protection of fundamental rights
19. Ordinary judges and the protection of fundamental rights (Part I)
20. Ordinary judges and the protection of fundamental rights (Part II)
21. Public administration
22. Subjective rights and legitimate interests
23. Administrative and accounting judges in the protection of fundamental rights and legitimate interests
24. Constitutional justice: characteristics of the Italian model
25. Incidental and principal access
26. Protection of fundamental rights in the ECHR
27. Protection of fundamental rights before the Court of Justice
28. New rights in the digital society
29. European data protection law (Part I)
30. European data protection law (Part II)
Prerequisites for admission
No preliminary knowledge required, although a basic knowledge of Italian Public Law is advisable.
Teaching methods
The teaching method is mainly based on lectures.
Teaching Resources
F. Clementi, L. Cuocolo, F. Rosa, G.E. Vigevani (a cura di), La Costituzione italiana. Vol. I. Principi fondamentali e Parte I - Diritti e doveri dei cittadini, Il Mulino, Bologna, 2020 (primi 13 articoli).
M. Olivetti, Diritti fondamentali, Torino, Giappichelli, 2 ed. 2020.
M. Olivetti, Diritti fondamentali, Torino, Giappichelli, 2 ed. 2020.
Assessment methods and Criteria
The final test consists in an oral exam.
IUS/08 - CONSTITUTIONAL LAW - University credits: 9
Lessons: 60 hours
Professors:
Cavaggion Giovanni, Orofino Marco
Professor(s)