Constitutional law and Fundamental Rights (2019/2020)

Course code
4S003635
Name of lecturer
Daniele Butturini
Coordinator
Daniele Butturini
Number of ECTS credits allocated
6
Academic sector
IUS/08 - CONSTITUTIONAL LAW
Language of instruction
Italian
Location
VERONA
Period
2° semestre (A), 2° semestre (B) - aprile/maggio 2020, 2° semestre (B) - marzo/aprile 2020

Lesson timetable

Go to lesson schedule

Learning outcomes

The course proposes a critical survey of the emergency constitutional Law and focuses on the consti-tutional systems of emergency. The course provides to analyze the instruments for an understanding of relationship between consti-tutional law and legal definition of emergency, examining how the emergencies influence the funda-mental rights guaranteed by the Constitution and how the priority of constitutionalism is balance free-dom 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 prin-ciples of emergency during a period of natural or human made disaster.

Syllabus

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. The role of journalism during emergency and disaster situations.

Reference books
Author Title Publisher Year ISBN Note
Giovanna De Minico Costituzione. Emergenza e terrorismo. Jovene editore 2016

Assessment methods and criteria

Students that will attend the lectures must study:
1) lecture notes.
Students that will not attend the lectures must study

2) Giovanna De Minico, Costituzione. Emergenza e terrorismo, Jovene editore Chapters I, II, V.

2) 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.

Goals of the examination.
The oral test consists of a discussion aimed at verifying:
- the knowledge of the exam program topics
- the depth and breadth of the acquired knowledge;
- the property of language;
- the ability to connect systematically knowledge;
- analytical and argumentative ability


The final evaluation is expressed in thirtieth.

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.