ID:
500009
Duration (hours):
60
CFU:
9
SSD:
ISTITUZIONI DI DIRITTO PUBBLICO
Year:
2025
Overview
Date/time interval
Secondo Semestre (23/02/2026 - 29/05/2026)
Syllabus
Course Objectives
The course provides the main notions of Italian public law through the analysis of the Constitution and other legal sources, the organization of the State, constitutional justice and the fundamental rights protection, in a diachronic perspective too. Due to the evolution of the legal system, the analysis will insert these issues in the European and international legal context, in order to allow students to acquire all the necessary instruments to understand the interactions between national public law institutions, the European legal system and the international community.
This path is integrated within the range of legal skills that the degree course offer.
The purpose of the course is to allow students to describe the fundamental institutions of public law using legal language, also analysing the protection of foundamental rights and freedoms, and to guide them in the study of the main institutions of the Italian legal system. The course intends to provide the necessary knowledge to read and interpret constitutional provisions and the principles that inspire them, in the light of the most relevant issues related to constitutionalism. A further objective is to provide the necessary knowledge to understand the connections between current event issues and the constitutional law institutions examined during lessons (i.e. proposals for constitutional revision; Government formation process; formulation of referendum questions; Government-Parliament relationship).
To motivate learning and the acquisition of legal analysis skills, the course also proposes the study of relevant case laws, in order to apply the theoretical concepts to practice and to bringing the course topics into current events.
This path is integrated within the range of legal skills that the degree course offer.
The purpose of the course is to allow students to describe the fundamental institutions of public law using legal language, also analysing the protection of foundamental rights and freedoms, and to guide them in the study of the main institutions of the Italian legal system. The course intends to provide the necessary knowledge to read and interpret constitutional provisions and the principles that inspire them, in the light of the most relevant issues related to constitutionalism. A further objective is to provide the necessary knowledge to understand the connections between current event issues and the constitutional law institutions examined during lessons (i.e. proposals for constitutional revision; Government formation process; formulation of referendum questions; Government-Parliament relationship).
To motivate learning and the acquisition of legal analysis skills, the course also proposes the study of relevant case laws, in order to apply the theoretical concepts to practice and to bringing the course topics into current events.
Course Prerequisites
There are no mandatory prerequisites to access. However, experience teaches that the subjact is vast and complex. For these reasons, attention to constitutional and political current affairs and attendance to lessons can ease better learning. For students with difficulty in mastering the italian language, attending lessons make easy the acquisition of legal language, required for a full understanding of the subjact
Teaching Methods
Frontal lectures in which the teacher will explain and clarify the topics of the course. The interaction with the students will be stimulated, in order to develop their critical ability and to provide a methodological guide to the study, with attention to the current issues involving the institutions addressed from time to time.
This teaching method will also allow ongoing verification of the acquisition and mastery of the legal language. Some lessons will be dedicated to the exam simulations, in order to test individual competences and improve the study.
It will be possible to have scholars and experts lessons on actual topics related to the course and/or organize seminars on specific topics addressed in class.
This teaching method will also allow ongoing verification of the acquisition and mastery of the legal language. Some lessons will be dedicated to the exam simulations, in order to test individual competences and improve the study.
It will be possible to have scholars and experts lessons on actual topics related to the course and/or organize seminars on specific topics addressed in class.
Assessment Methods
The exam is written: candidates will be asked three open-ended questions which refer to the three macro-areas of the course (sources of law; organization of the State; Constitutional Court and fundamental rights). The answers will be compiled using a software platform in IT labs.
Each question has a maximum value of 11 points. The maximum score achievable is 33, which corresponds to a rating of 30 with honors.
To reach the final grade, the following criteria will be considered: knowledge of the subject and completeness in writing; the quality and correctness of the constitutional and regulatory references; the clarity of the answer and correct use of legal language; the quality and correctness of connections/comparisons with other parts/institutions of public law.
Test duration: 50 minutes.
In case of technical problems there will be an oral exam.
In case of particular needs students may be called in for an oral exam.
Each question has a maximum value of 11 points. The maximum score achievable is 33, which corresponds to a rating of 30 with honors.
To reach the final grade, the following criteria will be considered: knowledge of the subject and completeness in writing; the quality and correctness of the constitutional and regulatory references; the clarity of the answer and correct use of legal language; the quality and correctness of connections/comparisons with other parts/institutions of public law.
Test duration: 50 minutes.
In case of technical problems there will be an oral exam.
In case of particular needs students may be called in for an oral exam.
Texts
“R. Bin, G. Pitruzzella, Diritto Pubblico, Giappichelli, ult. ed. disponibile”
Only for Erasmus students: G.F. Ferrari (edt.), Introduction to Italian Public Law, Milano, Giuffrè, 2018.
Only for Erasmus students: G.F. Ferrari (edt.), Introduction to Italian Public Law, Milano, Giuffrè, 2018.
Contents
The course begins with a theoretical introduction on the Constitution birth, also through the analysis of the Constituent Assembly works. Elements of continuity and difference between the previous Statuto Albertino and the Constitution of the Italian Republic of 1948 will be highlighted. Particular attention is paid to the evolutions that the Constitution marks compared to the fascist period.
Subsequently, the constituent elements of the State are analyzed with an in-depth analysis of the concepts of citizenship (Italian and European) and sovereignty (from a constitutional point of view). This part ends with the technical analysis of the Constitution and of the constitutional revision process.
The course continues with the study of the forms of State and Government. The legal context in which the modern state arise and the evolution of the different forms of state - from the absolute state to the social state - and their peculiar traits are analyzed. The forms of government analysis mainly concerns the distinction between absolute monarchy and constitutional monarchy, parliamentary, presidential and semi-presidential forms of government.
Subsequently the course will deal with role and specific functions assigned to the constitutional bodies (Parliament, Government and President of the Republic), focusing on the confidence institution between Parliament and Government and on the role and function of public administration. The fundamental principles of fair trial and those that regulate the action of the Judiciary in general will be exposed, with a focus on the CSM.
The part dedicated to the organization of the legal system concludes with the analysis of the relationships between domestic legal system, European legal system and international law.
The course continues by dealing with the sources of law: their features and the principles that regulate the relationships between internal sources; the law-making process and the concept of legal reserve, decree-law and legislative decrees, regulations (focusing on Government regulations); international law sources and the European Union law sources. Specific attention is paid to the study of direct democracy institutions, focusing on the abrogation referendum.
The course continues with the analysis of the fundamental principles, of the protection of individual and social constitutional rights, and concludes with the examination of the Constitutional Court: its composition, its role and its functions in national legal system as well as its relationship with the European Court.
Subsequently, the constituent elements of the State are analyzed with an in-depth analysis of the concepts of citizenship (Italian and European) and sovereignty (from a constitutional point of view). This part ends with the technical analysis of the Constitution and of the constitutional revision process.
The course continues with the study of the forms of State and Government. The legal context in which the modern state arise and the evolution of the different forms of state - from the absolute state to the social state - and their peculiar traits are analyzed. The forms of government analysis mainly concerns the distinction between absolute monarchy and constitutional monarchy, parliamentary, presidential and semi-presidential forms of government.
Subsequently the course will deal with role and specific functions assigned to the constitutional bodies (Parliament, Government and President of the Republic), focusing on the confidence institution between Parliament and Government and on the role and function of public administration. The fundamental principles of fair trial and those that regulate the action of the Judiciary in general will be exposed, with a focus on the CSM.
The part dedicated to the organization of the legal system concludes with the analysis of the relationships between domestic legal system, European legal system and international law.
The course continues by dealing with the sources of law: their features and the principles that regulate the relationships between internal sources; the law-making process and the concept of legal reserve, decree-law and legislative decrees, regulations (focusing on Government regulations); international law sources and the European Union law sources. Specific attention is paid to the study of direct democracy institutions, focusing on the abrogation referendum.
The course continues with the analysis of the fundamental principles, of the protection of individual and social constitutional rights, and concludes with the examination of the Constitutional Court: its composition, its role and its functions in national legal system as well as its relationship with the European Court.
Course Language
Italian
More information
Attendance at the course is recommended especially for students who are approaching the study of legal subjects for the first time and allows to develop the correct methodological approach to the subject. To support students in their learning activity and to achieve the expected goals, a tutoring service is activated every year. The tutoring aims to encourage the development of an effective study method; strengthen the understanding and/or presentation of topics that the student considers particularly difficult; clarify any parts of the book not fully understood. The classroom exercise activities will also provide the student a self-evaluation tool to the final exam. Collective tutoring activities will also be carried out with indications on the examination procedure and methods.
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