The course proposes a critical survey of the emergency constitutional Law and focuses on the constitutional systems of emergency.
The course provides to analyze the instruments for an understanding of relationship between constitutional law and legal definition of emergency, examining how the emergencies influence the fundamental rights guaranteed by the Constitution and how the priority of constitutionalism is balance freedom and security. The area of emergencies will be developed on many areas involving the sources of law, the constitutional law of war. The course analyzes the rights and the changes of system of government during the time of emergencies.
The course provides to analyze how a government or division of government (i.e. on a municipal, provincial/state level) may declare that their area is in a state of emergency. This means that the government can suspend and/or change some functions of the executive, the legislative and/or the judiciary during this period of time. A government can declare a state of emergency during a time of natural or human-made disaster. The course provides an introduction to the basic constitutional principles of emergency during a period of natural or human made disaster.
The legal definition of emergency. The classical doctrines of emergency. The legal forms of emergency: the emergency law, the constitutional crisis, the illegal revision, the absolute emergency. The state of exception. Emergencies and technical limitations of fundamental rights. War and constitution. Law of war. The necessary powers. The minimal constitutional imperative. The constitutional relationship between war and system of government.
| Author | Title | Publisher | Year | ISBN | Note |
| Giovanna De Minico | Costituzione. Emergenza e terrorismo. | Jovene editore | 2016 |
Students that will attend the lectures must study:
1) lecture notes.
Students that will not attend the lectures must study
1) The students that will not attend the lectures are invited to contact Daniele Butturini (daniele.butturini@univr.it) at the beginning of the course in order to set teaching methods and assessment tests.
For students not attending the course, there will be an oral examination; for students attending the course, there will be an oral examination.
ERASMUS students are invited to contact Daniele Butturini (daniele.butturini@univr.it) at the beginning of the course in order to set teaching methods and assessment tests.
programma e testi consigliati (ita)
(msword, it, 28 KB, 08/08/17)
