Teacher
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VICECONTE Nicola
(syllabus)
Expected learning outcomes A) Knowledge and understanding skills At the end of the course, the student will: 1) understand the basic notions of public and constitutional law, state and legal order and the relationships between the systems; 2) understand the concepts of form of state and form of government with particular attention to the form of Italian government and its evolutions; 3) know the classification and relationship between the sources of law, with particular attention to relations between internal sources and EU sources, and know the main characteristics and ways of forming the sources of Italian law; 4) know the organization of the Italian constitutional system and the relations between the constitutional organs of the Republic; 5) understand the organization of territorial autonomies; 6) understand the constitutional principles of public administration; 7) understand the system and constitutional principles on the administration of justice; 8) know the bmost important characteristics of constitutional control; 9) understand classifications and guarantees regarding fundamental and social rights; B) Applied knowledge and understanding At the end of the course, the student will be able to: 1) recognize and interpret a normative text; 2) read interpretation of a case law decision; 3) include a text of legal doctrine. 4) find the fundamental texts and jurisprudential texts; C) Autonomy of judgment At the end of the course, the student should be able to analyze the normative texts and / or the jurisprudential decisions by arguing on their possible meanings and interpretative hypotheses. D) Communicative Skills At the end of the course, the student must be able to expose the knowledge learned in an appropriate and sufficiently technical language, demonstrating the correct use of legal terminology. E) Learning Skills At the end of the course the student must be able to carry out legal research on specific topics, obtaining the normative and jurisprudential texts necessary for this purpose.
Course topics The course will deal with the analysis of the principal public law institutes. General considerations: constitutional law, constitution, classification of constitutions, constituent power and constituted powers; Multilevel governance, territorial autonomy, international order and the European Union (about 5 hours) Forms of State and Forms of Government: State, State Forms, Political Representation, Forms of Government, Italian Constitutional History (about 5 hours) The organization of the Republic: Parliament: electoral system and electoral body; Bicameralism and Parliament in common session; Internal organization of Parliament; President of the Republic and Government; the Autonomies of the Republic: Regions and Organizations; Local autonomy (about 11 hours) The Sources of Law: General Concepts, Classification, Criteria for Antinomies and Relations between the Sources, Constitutional and Constitutional Review, Primary Sources, EU Resources, Regional Primary Resources, Secondary Sources, conventions of constitution (about 14 hours) Public administration: constitutional principles and organization; Administrative procedure; Agreements and simplification; Administrative acts and pathologies of the acts; Public administration of the economy; Independent administrative authorities (about 3 hours) Judges and Constitutional Court: Constitutionality control; Constitutional Court and its composition; Functions of the Constitutional Court; Type of decisions of the Constitutional Court; Ordinary jurisdiction; Special jurisdictions. (About 6 hours) Fundamental rights: history and structure of fundamental rights; guarantees; Individual and collective freedoms; Social rights; Personal freedom; Freedom of domicile; Freedom of movement and residence; Freedom of manifestation of thought; Freedom of religion; Freedom of assembly; Freedom of association; Parties and trade unions; Social rights (about 4 hours).
(reference books)
1) P. Caretti, U. De Siervo, Diritto costituzionale e pubblico, Giappichelli, 2018, third edition. Students can exclude: chapter I, II, III, IV, V, VI (except par. 6); chapter VII – section II, chapter IX, par. 13, chapter XII and chapter XVI.
Different texts can be used according to the Professor
2) A. Sterpa, N. Viceconte, Norma e ordinamento costituzionale, Editoriale Scientifica, 2018, third edition.
Lectures, reccomended fot thesis:
- F. Sorrentino, Le Fonti del diritto italiano, Cedam, 2019.
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