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Teacher
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Ingenito Chiara
(syllabus)
Introduction to law.
- Order and juridicality.
- The State and its formative elements: people; territory; government.
- Forms of state and forms of government.
- The sources of law.
- Concept of source of law.
- The system of sources of law.
- Reservation of law and principle of legality.
- Sources of production and sources of knowledge, source-norm relationship;
- The resolution of the antinomies between sources: chronological criterion, hierarchical criterion; criterion of competence. The interpretation,
- The constitutional source: The concept of the Constitution and the Italian Constitution.
- Ordinary laws of the Parliament;
- Acts with the force of law: Law Decree and Legislative Decree;
- Abrogative referendum as a source of law;
- The secondary sources.
- The Executive Regulations.
- Local secondary level sources
- The sources did.
- Community sources.
- The parliament
- Parliament and the bicameral system; Parliament in joint session; legislative and regulatory power; members and bodies of the Chambers.
- The institutions of direct democracy: the petition, the popular legislative initiative.
- The abrogative referendum.
- The Government and the Public Administration:
- The formation of the Government
- Trust and mistrust, government crises.
- Individual distrust; ministerial responsibility: political, administrative, civil and criminal responsibility, ministerial offenses.
- Primary normative power: legislative decrees and decree-laws.
- Secondary normative power: the regulations.
- Government and administration.
- The president of the Republic.
- The figure of the President of the Republic; the guarantee function, the President as neutral power.
- The election and the presidential term.
- The attributions of the President
- The powers of control, guarantee, prerogative, influence, political intermediation.
- The acts: presidential acts approved by different bodies, strictly presidential acts, presidential acts with complex participation. The value of the ministerial countersignature. Responsibility and presidential crimes: the indictment and the judgment of the Constitutional Court.
- Principles on the subject of Administration.
- The principle of legality, impartiality and good performance
- The National Council of Economy and Labor.
- The administrative judge.
- The Court of Auditors.
- The local order:
- The new Title V;
- The constitutional functions of the Regions,
- State-Regions relations.
- Rights and freedoms:
- Fundamental rights in the Italian Constitution
- Guarantees of rights.
- The principle of equality.
- Individual freedoms.
- Collective freedoms.
- Social rights.
- Economic freedoms.
- Constitutional duties
- The judiciary
- The autonomy and independence of the judiciary
- The Superior Council of the Judiciary
- The guarantees relating to the exercise of the judicial function: the right of action and defense.
- The principle of the natural judge.
- The special judges
- Jurisdictional proceedings: the rules of "fair trial".
- Constitutional Justice
- Composition and powers of the Constitutional Court.
- The judgment of the legitimacy of laws and acts having the force of law (direct judgment, incidental judgment). The decisions of the Constitutional Court.
- Conflicts of attribution: intersubjective conflicts; interorganic conflicts.
- The admissibility judgment of the abrogative referendum.
- The judgment on the prosecution proceedings against the President of the Republic.
(reference books)
administration of a multiple choice test (28 questions) and open-ended questions (3 questions)
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