The course provides students with concepts and tools for understanding two areas of Constitutional Law:
a) Sources of law
Expected learning outcomes are:
Sources of law:
1. Acquire the tools of knowledge to understand sources of law
2. Know the typologies of sources of law
3. Understand changes in the law-making process
4. Acquire the tools of knowledge to understand the judicial system
5. Know the different types of judges and their jurisdiction
6. Understand the expansion of judicial power in Italy and other countries
Sources of law:
7. Analyse and interpret Constitutional laws focusing on sources of law
8. Solve ‘ordinary’ problems in implementing sources of law
9. Analyse and interpret Title IV of the Constitution part II
10. Develop independent opinions and critiques on different aspects of the Italian judicial system
The course will provide an overview of:
1) Sources of law
- sources of law: introductory notions
- internal sources:
a) Constitution and its sources
b) government sources (acts having the force of law: decree law and legislative degree)
c) autonomous sources (regional laws, in particular)
- international sources
- European sources
- introductory notes: court and judge
- ordinary courts: organization and function
- special courts: typology and function
- judicial system
- autonomy, independence, and impartiality
- C.S.M. (Superior Council of the Judiciary)
- judicial and other governmental powers
Classroom meetings usually consist of theoretical lessons.
Students will be able to actively participate in some lessons (e.g. discussing important Constitutional Court decisions relevant to the course).
It will be possible to attend conferences on the course topics.
1) M. Pedrazza Gorlero, Le fonti dell’ordinamento repubblicano, Cedam, Padova, 2010 (chapter VII not included). Students will be informed if a new version of the book is available.
2) P. Caretti e U. De Siervo, Diritto costituzionale e pubblico, Giappichelli, Torino, terza edizione, chapter XIV only (Il potere giudiziario).
3) G. Ferri, La magistratura in Italia. Raccolta di scritti, Giappichelli, Torino, 2018. Pages 85 to 118 and 249 to 262 not included.
|Giampietro Ferri||La magistratura in italia. Raccolta di scritti (Edizione 2)||Giappichelli||2021|
|Maurizio Pedrazza Gorlero||Le fonti dell'ordinamento repubblicano||Giuffrè||2010||88-14-15311-6|
The final exam is to assess the learning outcomes indicated above.
There will be two sections: a written exam with three open questions, and an oral exam. The written exam results will contribute to the final mark but will not prevent access to the oral exam (art. 12, comma 3, Academic Regulation, College of Law). The final mark will be an average between the written and oral sections.
Students attending the course can take a written exam on part I (sources of law) at the end of the course. The exam will consist of open questions about topics covered during the course. The oral section of the exam will take place during the exam session and it will focus on part II (judiciary). The final mark will be an average between the written and oral sections.
ERASMUS students should discuss exam options with the professor.