Constitutional Law Advanced (ITALIAN CONSTITUTIONAL LAW)

A.Y. 2024/2025
6
Max ECTS
42
Overall hours
SSD
IUS/08
Language
Italian
Learning objectives
The student shall acquire:
- the knowledge of the constitutional and legal principles, of the practical problems and of the ruling of the courts related to the issues discussed during the course, concerning the rights of political participation and their evolution in relation, on the one hand, to the transformations of politics and representation and, on the other hand, to the issues caused by digital transformation;
- the ability to employ the fundamental principles and the theorical knowledge acquired to the solution of specific case law, and the capacity to make sound and coherent judgments on the course's subjects, finding appropriate solutions for controversial issues, in particular with reference to the issues posed by the use of new communication technologies and the emergence of new tools of political participation and struggle;
- the capacity to express notions and opinions correctly, using the appropriate terminology and avoiding contradictions;
- the ability to analyze specific topics in the field of constitutional law, related to the exercise of freedoms and rights of political participation, and in particular to the political dimension of freedom of expression, to the freedom of assembly, to the freedom of association (especially referred to political parties) and to the right to vote, as well as to be able to find and study autonomously both legal and case-law materials and the most relevant scientific texts.
Expected learning outcomes
At the end of the course, the student will be able to employ the principles and the theorical knowledge acquired to the solution of specific case law concerning the constitutional freedoms and, in particular, the rights of political participation, through a coherent reasoning and using a correct terminology.
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
Second semester
Course syllabus
The subject of the course is the in-depth study of so-called first-generation freedoms, i.e. those freedoms that characterized the birth of the liberal State, in the light of the transformations of contemporary constitutionalism.
In particular, during the Academic year 2024/2025, lessons will focus on the freedoms and rights of political participation, with particular reference to the political dimension of freedom of expression, to the freedom of assembly, to the freedom of association (especially in political parties), and to the right to vote. Students will reason about the impact of new technologies on the subject and the limits concerning these rights.
Prerequisites for admission
Constitutional law; Private law.
Teaching methods
The course will be taught in 42 hours. In addition to traditional lectures, particular attention will be paid on the analysis and comments of the case law, with the active contribution of attending students.
Class attendance, even not mandatory, is highly recommended.
Teaching Resources
For attending students, reference material (any slides used in class, essays and background articles, case law and regulatory material) will be indicated or made available on the course website.
For non-attending students, two alternatives are possible:
- the study of the material used in the lecture and indicated or made available on the course website, to be conducted with the help of the book: Fabrizio Politi, Libertà costituzionali e diritti fondamentali, Giappichelli, Torino, 2024 (chapter 1 and chapter 2, and, as regards the latter, with particular reference to the freedoms of assembly, association and manifestation of thought);
- the study of the handbook by P. Caretti and G. Tarli Barbieri, I diritti fondamentali. Libertà e diritti sociali, Torino, Giappichelli, 2022 (or later edition), limited to chapters 1, 2, 3, 10, 11 and 13.
Assessment methods and Criteria
The final exam will be oral and it will be aimed to test the knowledge and the judgment capacities of the student.
Students attending class can choose to deepen and expose specific issues (drafting acts or brief opinions). More information will be given by the professor during classes and on the website of the course.
Evaluation criteria are: a) knowledge of the relevant statutes and precedents; b) capacity to employ the acquired knowledge to the solution of specific case law; c) ability to express notions and opinions correctly, using the appropriate terminology.
Students with disability and learning disability are invited to contact the teacher to agree specific modalities of examination.
IUS/08 - CONSTITUTIONAL LAW - University credits: 6
Lessons: 42 hours
Shifts:
Turno
Professors: Biondi Francesca, Cuniberti Marco
Professor(s)
Reception:
Students can contact the teacher by e-mail to arrange for day and reception hours.
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