Ateneo - UPO

The course, which deals with the fundamental aspects of Italian public and constitutional law, is divided into six parts.
The first part, after clarifing the concept of law and the essential lexicon of the jurist, introduces the study of public law through the analisys of the constitutive elements of the State.
The second part is dedicated to the definition of the concepts and classifications of "forma di Stato", "tipo di Stato" and "forma di governo"; in this context, the notions of constitution and constitutionalism are introduced.
The third part starts the analysis of the Italian constitutional system, with an examination of the the Italian State bulding process and the historical events that led to the birth of the republican Constitution.
The fourth part is dedicated to the sources of law, through the analysis: of the main features of the Italian Constitution and of the procedure for its modification; of primary sources, with particular attention to formal law and acts having the force of law; of secondary sources, with particular attention to State regulations; of regional and local sources, with particular attention to the division of legislative competence between the State and the Regions; the relationship between internal law and international law, with particular attention to European Union law.
The fifth part focuses on the analysis of the subjects and dynamics of the Italian government ("forma di governo"), with the examination of the main constitutional bodies and their respective functions: Parliament, Government, President of the Republic, judiciary, Constitutional Court. In this context, we'll consider the dynamics of the Italian parliamentary government, its relationship with the electoral system, the past and present constitutional revision proposals that concern it.
The sixth and final part is dedicated to the study of citizens' rights and duties.

The recommended handbook is:
- R. Balduzzi (edited by), Constitutional law, Milan, Life and thought, 2023 (first edition available in april 2024), with contributions by M. Cosulich, L. Cuocolo, D. Paris, A. Patanè, A. Pitino, D. Servetti.
Alternatively, the student can choose one of the following handbooks:
- R. Bin, G. Pitruzzella, Constitutional law, Turin, Giappichelli, latest edition available;
- F. Politi, Public law, Turin, Giappichelli, latest edition available.

The course aims to enable students to achieve the following objectives:
- understand and correctly use the basic legal lexicon;
- understand the fundamental categories of public and constitutional law;
- develop a knowledge and a capacity for critical reflection concerning:
i) the historical genesis, the positive discipline and the functioning dynamics of the Italian constitutional institutions;
ii) the system of sources of law and the main acts of the Italian legal system;
iii) the rights and duties of citizens and the relative constitutional guarantees.

Fundamental knowledge of Italian history

Lectures

Halfway exercitation

Oral examination

The course, divided into the six parts indicated above, will address the topics listed below. The list consists of synthetic entries of the topics (for the analytical identification of the contents of the individual entries, refer to the recommended handbooks).

1) The concept of law
2) Fundamental legal lexicon
3) The State and its constitutive elements
4) Sovereignty and its limitations (“upwards” and “downwards”)
5) General notions of "forma di Stato", "tipo di Stato", "forma di governo"
6) The absolute State
7) Constitutionalism and the "birth" of modern constitutions
8) The liberal State
9) The constitutional monarchy and parliamentary government
10) The authoritarian State
11) The constitutional democratic State
12) "Forme di governo": parliamentary government (with its variants), presidentialism, semi-presidentialism and other "minor" figures
13) The formation of the Italian State
14) Liberal Italy and Fascist Italy
15) Anti-fascism, liberation, the birth of the democratic Republic and the constituent assembly.
16) The characteristics of the Italian Constitution and the supreme principles of the "forma di Stato".
17) The sources of law: fundamental notions, criteria for the resolution of antinomies and the system of sources.
18) The constitution as a norm. The constitutional review.
19) The law: notions and general questions.
20) The primary and secondary sources of the Italian legal system
21) Principle of legality and legal reserves.
22) The formal law and the legislative procedure
23) Acts with the force of law.
24) The legislative delegation and the legislative decree
25) The decree-law and the conversion law
26) The abrogation referendum
27) State regulations and their legislative discipline
28) Principle of autonomy, local autonomy, unity and indivisibility of the Republic
29) The Italian regional state. Old and new Title V. The debate on the reforms of regionalism.
30) The division of legislative power between the State and the Regions
31) Local authorities
32) International sources of law
33) The European Union and the relationship between domestic law and EU law
34) The Italian parliamentary government
35) Parliament: bicameralism, organization, functions
36) The relationship of trust
37) The electoral system
38) The Government: configuration and functions of the body
39) The public administration and its constitutional principles
40) The President of the republic: role and functions
41) The debate on the constitutional revision of parliamentary government
42) The judiciary and the magistracies (ordinary one and special ones)
43) The Superior Council of the Judiciary
44) The constitutional principles on the judiciary and jurisdiction
45) Constitutional justice
46) The Constitutional Court: composition and functions
47) Judicial review of the law
48) Typology of the Court's decisions
49) Attribution conflicts
50) Rights and duties of citizens. The "inverted pyramid" by Aldo Moro
51) Freedom rights and social rights.
52) Personal freedom, freedom of domicile, freedom of communication and correspondence
53) The right to education and the right to health
54) The Economic Constitution
55) The constitutional duties of political, economic and social solidarity

To be able to demonstrate, through the correct use of a basic legal vocabulary and by demonstrating reasoning and critical reflection skills, the understanding:
i) of the fundamental categories of public and constitutional law;
ii) of the historical genesis, the positive discipline and the functioning dynamics of the Italian constitutional institutions;
iii) of the system of sources of law and the main source documents of the Italian legal system;
iv) of the rights and duties of citizens, with the related constitutional guarantees.