1801 - INSTITUTES IN PUBLIC LAW
Academic Year 2021/2022
Free text for the University
STEFANO ARU (Tit.)
- Teaching style
- Lingua Insegnamento
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1. Knowledge and understanding: the student will acquire the knowledge and will be able to under-stand the institutional notions concerning the organization and functioning of Italian legal order and its relations with the international law and the European Union.
2. Applying knowledge and understanding: thanks to the knowledge gained, the student will know how to interpret the political and institutional phenomena by reducing them to the institutes and to the relevant regulations through the development of appropriate and consistent legal arguments.
3. Making judgments: students will be able to form an independent and critical judgment on possi-ble legal solutions of the major issues of national issues, especially in light of the interconnections with the international law and with the European one.
4. Communication skills: the student will acquire the ability to communicate the legal knowledge acquired and their views on the most contentious issues discussed in the course.
5. Learning skills: the student will be able to continue the study and further development of addi-tional legal disciplines imparted in the course of study.
1. General knowledge, acquired through the media or high-school, of the main political institutions of the Italian Republic
2. Sensitivity towards ethic and political issues
3. Staying updated about the main debates of the Italian and European society, through the reading of the press and news
4. Discipline, curiosity, critical spirit
5. Capability of reading and critical analysis of a legal text
6. Knowledge of Italian and European history
7. It is not necessary to take other exams before Public law.
The course is divided in 4 parts (modules):
I – General notions of Public law
II – The source of the legal system, constitutional bodies and State powers. Public Administration. Regions and local government.
III – Fundamental Rights
IV – State and Economy
I Module: General notions of Public law
1. What is the law? The norm. Law systems: “common law” and “civil law”. The legal interpreta-tion.
2. Forms of State and Government.
3. Different kind of Constitutions.
4. Constitutional main features.
5. Italy and the European Union. The European legal sources.
6. Democracy and political rapresentation. Voting systems and their influence on separation of powers.
II Module: The source of the legal system, constitutional bodies and State powers. Public ad-ministration and local government
1. Concept of legal sources. Types of legal sources and their classification.
2. The system of legal sources and the hierarchy of norms.
3. Constitutional bodies and public powers.
4. The Parliament. Composition and functions. Internal organization. Status of MP.
5. The President of the Republic. Role and functions.
6. The Government. Composition and functions. Formation and crisis.
7. The Constitutional Court. Composition and functions.
8. The Judiciary.
9. Public Administration.
10. Regions and local government.
III Module: Fundamental Rights
1. The constitutional guarantees for fundamental rights: reserve of law and reserve at the judiciary.
2. The four generations of rights.
3. The principle of equality.
4. Fundamental freedoms.
5. Social rights.
IV Module: Work, business and market
1. Economics relations. Economic freedom and right to property.
2. Budgetary cycle.
3. Coordination of public finance and rebalancing.
4. Principle of balanced budget.
5. Work in the Constitution.
6. Public and private enterprise.
7. Market and the principle of competition.
The course is divided into 54 hours of frontal lessons, during which the contents of the course will be explained.
The course combines three methodologies:
a) Italian-European continental, based on a theoretical approach;
b) US socratic method, and case-law approach;
c) Interactive learning.
Verification of learning
The student’s assessment includes a final exam written to open answers which will focus on institu-tions and topics described in the course content (for example: the powers of the President of the Re-public; the limits to freedom of expression; the question of confidence; the decree-law). At the end of the first half of the course there will be a pre-written test with multiple answers. The student who successfully past the written pre-test, which will focus on the topics covered in the first part of the course, will be able to take the final exam written limited to the topics covered in the second part. The student must show in the tests provided for the acquisition of the knowledge imparted, but also the ability to apply the institutes and general rules to specific cases: for these reasons, and in the written test will occur especially the acquisition of the fundamental notions of public law, the final exam will be assessed, in particular, the ability of application of legal norms to concrete cases and therefore the ability to reply to the legal questions.
The score of the examination shall be awarded by a mark out of thirty. The vote of the written pre-exam, if passed, will be averaged with the vote of the final exam written.
In examination assessment to determine the final grade will consider the following elements:
1. the student’s ability to use legal arguments logically consistent in the resolution of the question formulated and to distinguish the legal arguments from non-legal;
2. the ability to apply the general and abstract norms to specific cases;
3. knowledge of the course topics;
4. the use of an appropriate legal language.
To pass the exam, and then bring a vote of no less than 18/30, the student must demonstrate that they have acquired sufficient knowledge of the topics covered in the course (point 3) and be able to apply, in simple cases, the rules General to specific cases (section 2), with a minimum acceptable argument (point 1) and legal language devoid of serious errors (point 4). One should not, therefore, to study “jumps”, omitting some parts of the program and studying other better, because in this case the evidence will not be enough.
To achieve a score of 30/30 cum laude, the student must show instead that it has acquired an excel-lent knowledge of all topics covered during the course (point 3), with a high capacity of argument (point 1), an excellent ability to apply general rules to specific cases (section 2) and a correct and appropriate legal language.
a) M. Cavino, L. Conte, Istituzioni di diritto pubblico, Maggioli, ult. ed.;
b) a Constitutional Code, to aid in the study of public institutions. The invitation is to go to read more and, from time to time, the rules mentioned in the texts, in particular those constitutional. The recommended code is Leggi fondamentali del diritto pubblico e costituzionale, Giuffrè, Milan, latest editione. Practical utility is also the Costituzione annotata della Repubblica italiana, edited by A. Celotto, Zanichelli, latest edition.
1. On program. Program contents are identical for both attending or non-attending students. Atten-ding students have the chance to learn in a more dynamic and interactive way, including practical sections which improve the “learning by doing” process.
2. On legal vocabulary. Studying law is like studying a foreign language. It is important to learn an appropriate legal vocabulary.
3. On questions during classes. Don’t be shy and ask every (reasonable) question you want. There are not useless questions, and your questions may be of some help to other students. It will be useful following the news and reading newspapers as ongoing issues will also be discussed during classes.