The course will focus on: constitutionalism, its origins and evolution; different notions of Constitution; creation, contents, enforcement and guarantees of contemporary constitutions; processes and limits to constitutional revision. Particular attention will be devoted to the analysis of the forms of State and the forms of government. An insight on the basic principles and the institutions of the European Union will be provided.
Course Content - Last names J-Z
The course analyses the origins and evolution of constituionalism; the notion of constitution; the constitutions' birth, contents, application, transformations and revisions, and the limits of constitutional changes; the sources of law in a comparative perspective; the form of the State; the structure of government; the notion, recognition and enforcement of fundamental rights. An insight into the basic principles, the sources of law and the institutions of the European Union will be provided.
If you attend the classes:
- Your notes
- G. Morbidelli, L. Pegoraro, A. Rinella, M. Volpi, Diritto Pubblico Comparato, Torino, Giappichelli, 2016 (chapters dealing with subjects illustrated during the classes)
- G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Laterza, 2019: chapter I, II, par. 1-2 chapter III, chapter V, VI
- G. Cerrina Feroni, T.E. Frosini, S. Torre, Codice delle Costituzioni, Torino, Giappichelli, 2015.
If you do not attend the classes:
- G. Morbidelli, L. Pegoraro, A. Rinella, M. Volpi, Diritto Pubblico Comparato, Torino, Giappichelli, 2016;
- G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Laterza, 2019: chapter I-VII
- G. Cerrina Feroni, T.E. Frosini, S. Torre, Codice delle Costituzioni, Torino, Giappichelli, 2015.
If you ATTEND the classes:
- Your notes
-G. Morbidelli, L. Pegoraro, A. Rinella, M. Volpi, Diritto Pubblico Comparato, Torino, Giappichelli, 2016 (chapters dealing with subjects illustrated in the classes)
- G. Cerrina Feroni, T.E. Frosini, S. Torre, Codice delle Costituzioni, vol. I, Padova, CEDAM, 2015
- G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Laterza, 2019: cap. I, II , par. 1 e 2 of cap. III , V , VI.
- one Part of the volume G. Cerrina Feroni, V. Federico, Strumenti, percorsi e strategie dell'integrazione nelle società multiculturali, Napoli, ESI, 2018 (students are free to choose the country they like most)
IF YOU DO NOT ATTEND THE CLASSES:
- G. Morbidelli, L. Pegoraro, A. Rinella, M. Volpi, Diritto Pubblico Comparato, Torino, Giappichelli, 2016: chapters I, II, III, IV, V, VI sez.1; VII, VIII
-- G. Gaja, A. Adinolfi, Introduzione al diritto dell'Unione europea, Laterza, 2019: cap. I, II , III , V , VI, VII.
- G. Cerrina Feroni, T.E. Frosini, S. Torre, Codice delle Costituzioni, vol I,Padova, CEDAM, 2015
Learning Objectives - Last names A-I
The course is designed to provide students the basic knowledge of contemporary constitutionalism conceived as an instrument to regulate a polity and as an instrument of dialogue and reciprocal guarantee within variably split societies. At the end of the course those who will have attended it fruitfully should be able to find all the sources and materials needed to discuss constitutional issues, they should master the elementary methodology to compare different constitutional experiences, including the European Union.
Learning Objectives - Last names J-Z
The course is designed to provide students the basic knowledge of contemporary constitutionalism conceived as an instrument to regulate a polity and as an instrument of dialogue and guarantee in contemporary dividedand/or plural societies.
Specific skills of legal research, analysis and comparative methods will be developed during the course, as to encourage students to critically discuss present and past jurisdictions.
At the end of the course, those who will have attended it fruitfully should be able to find all the sources and materials needed to discuss constitutional issues, they should master the basic methodological tools and the fundamentals of the discipline to compare different constitutional experiences (with special focus on the European Union), and to be able to express structured and informed opinions.
Prerequisites - Last names A-I
Public law, if provided by the curriculum.
Prerequisites - Last names J-Z
It is highly recommended to have succesfully passed the exam of Public Law.
Teaching Methods - Last names A-I
The course includes lectures and some conferences.
Teaching Methods - Last names J-Z
The course includes both lectures and a series of conferences devoted to specific jurisdictions, to crucial topics of contemporary consititutional debate, and to the European Union.
For aa 2019-20 we will focus on constitutional transitions and comparative migration law
Further information - Last names A-I
The attendance will be regularly checked.
Attending will be considered only those who, at the end of the course, they will not have exceeded 4 overall absences.
Further information - Last names J-Z
For the purpose of the final exam, your attendance is valid till september 2019
Type of Assessment - Last names A-I
THERE ARE NO INTERMEDIATE TESTS.
If you attend the classes:
- written exam, only in the first appeal in December, consisting in three open questions on the course's topics (1 hr) or, alternatively, oral exam on the course's topics.
- by the appeal in January, attending students will take the exam only in oral form.
If you do NOT attend the classes, the examination is exclusively oral.
Type of Assessment - Last names J-Z
If you ATTEND the classes:
-written exam consisting in five open questions (WITHOUT access to your notes and/or reference books) on the course's topics. One out of the five questions ALWAYS concerns EU law. The exam lasts 1hrs and 30 minutes. The evaluation of the exam will be based on: students' knowledge of the topics, students' critical analysis and synthesis, clarity of exposition and appropriate use of specific legal language. In specific cases, with the PREVIOUS agreement with the lecturer, the exam can be oral.
- OPTIONAL- a short written critical review of a Part of the volume G. Cerrina Feroni, V. Federico, Strumenti, percorsi e strategie dell'integrazione nelle società multiculturali, Napoli, ESI, 2018. Further guidance for the review will be provided during the first classes. Students are HIGHLY ENCOURAGED to comply with the provided guidelines.
THERE ARE NO MID-TERM EVALUATIONS
If you do NOT ATTEND the classes
-written exam consisting in five open questions (WITHOUT access to your notes and/or reference books) on the course's topics. One out of the five questions ALWAYS concerns EU law. The exam lasts 1hrs and 30 minutes. The evaluation of the exam will be based on: students' knowledge of the topics, students' critical analysis and synthesis, clarity of exposition and appropriate use of specific legal language. In specific cases, with the PREVIOUS agreement with the lecturer, the exam can be oral.
Course program - Last names A-I
Extended programme will be provided during the first lectures.
Course program - Last names J-Z
The detailed syllabus for students attending the course will be provided during the first classes or via email (upon request)