Ateneo - UPO

The course, which deals with the fundamental aspects of Italian public and constitutional law, is divided into five 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; then the theacher will define 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 second 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 third 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 fourth 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 fifth and final part is dedicated to the study of citizens' rights and duties.

The recommended handbook is: R. Balduzzi (a cura di), Diritto costituzionale, Milano, Vita e pensiero, 2025, con contributi di M. Cosulich, L. Cuocolo, E. Daly, A. de Tura, D. Paris, A. Patanè, A. Pitino, V. Satta, D. Servetti.

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.

Basic knowledge of Italian history

Lectures. Halfway and final exercitation

Students with physical disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

Oral examination

The course, divided into the five 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 handbook). 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.