The course deals with the origins and evolution of constitutionalism; the different notions of Constitution; the creation, contents, enforcement, revisions and related transformations of Constitutions; forms of State; forms of government; the basic principles, historical process, institutions, sources of law of the EU and its relationship with the state system. Part of the course also deals with the scope and limits of freedom of expression, examining in particular the implication of Internet
If you ATTEND the class:
- Your notes
- G. Morbidelli, L. Pegoraro, A. Rinella, M. Volpi, Diritto Pubblico Comparato, Giappichelli, V ed., 2016: chapters dealing with subjects illustrated in the class
- G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Laterza, 2019: chapters: I, II, III (par. 1-2), V, VI
- P. Caretti, A. Cardone, Diritto dell'informazione e della comunicazione nell'era della convergenza tecnologica, il Mulino, 2019: chapters dealing with subjects illustrated in the class
- G. Cerrina Feroni, T.E. Frosini, A. Torre, Codice delle Costituzioni, Cedam, 2016
If you DON'T ATTEND the class:
- G. Morbidelli, L. Pegoraro, A. Rinella, M. Volpi, Diritto Pubblico Comparato, Giappichelli, V ed., 2016: chapters: I (except par. 2-4), II (except par. 5.1 e 5.2 of sect. II and par. 5.3 of sect. III), III (except par. 2-4 of sect. III), IV, V (except par. 1-12 and 16), VI (except sect. II), VII, VIII
- G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Laterza, 2019: chapters: I, II, III, V, VI, VII
- P. Caretti, A. Cardone, Diritto dell'informazione e della comunicazione nell'era della convergenza tecnologica, il Mulino, 2019: chapters: I and V
- G. Cerrina Feroni, T.E. Frosini, A. Torre, Codice delle Costituzioni, Cedam, 2016
Learning Objectives
The course aims to give student the tools to understand the principles of contemporary constitutionalism conceived as an instrument to regulate a polity and as an instrument of a dialogue and reciprocal guarantee within split societies. The course also deals with an overview of the main legal issues generated by the impact of new digital technologies.
The student must be able to acquire an adequate methodological approach to the study of comparative and european constitutional law. The course allows the student to acquire the fundamental notions of comparative public law and european law in their historical evolution, as they stand now and in the light of the european integration process. Part of the course is also devoted to communication and media law.
The student must be able to read and interpret the constitutional provisions and the main laws in the light of the main issues related the contemporary constitutionalism. A part of the course is devoted to the analysis, in the classroom, of the case-law texts to develop critical skills on various issues of comparative and european constitutional law.
The student must be able to communicate their knowledge with correct legal terminology through a legal logical reasoning.
The course offers the student to acquire the tools that allow it to compare constitutional experiences, including the EU
Prerequisites
It is highly recommended to have successfully passed the exam of Public Law
Teaching Methods
Frontal teaching lesson and some seminars devoted to topics of contemporary constitutional debate
Further information
Course attendance is highly recommended. The attendance will be regularly checked
Type of Assessment
There are no mid-term evaluations.
If you ATTEND the class:
- written exam consisting in four open questions on the course's topics. One out of the four questions concerns the EU Law. The exam lasts: 1 hour and 30 minutes. Only in special cases, always agreed in advance with the professor, the exam can be oral
If you DON'T ATTEND the class:
- written exam consisting in four open questions on the program's topics. One out of the four questions concerns the EU Law. The exam lasts: 1 hour and 30 minutes. Only in special cases, always agreed in advance with the professor, the exam can be oral
Course program
For ATTENDING students the course program will be illustrated at the first lesson.
For NON ATTENDING students: the method in and of comparative law; legal system according to the different classifications; source of law; Constitutions and constitutionalism; forms of State; forms of government; constitutional architecture; basic principles, historical process of integration, institutions, sources of law of the EU and its relationship with the State system; freedom of expression and problematic aspects linked to the eruption of the new media