5026 - INTRODUCTION TO THE LEGAL SYSTEM II

The main purpose of this course is to introduce the students to the principles of Italian public law within the context of the European Union. Particular attention is given to the fundamental principles of Italian constitutional law and the impact of  European law. Basic notions of comparative public law are also dealt with.

1. General Introduction: obstacles to be overcome when studying the legal system of one country in the language of another, legal translating techniques, legislative drafting and methods of classification used in the analysis of Italian and comparative constitutional law. 

2. Sources of law in the context of the Italian legal system: the constitution, constitutional statutes, ordinary statutes, law decrees, legislative decrees, delegated legislation and statutory instruments. The relationship between European law and domestic legislation. Reforming the constitution.

3. Forms of government and forms of State. Electoral laws.

4. The Constitutional Court: composition, role and functions. Classification of the Court´s judgments and analysis of its decision-making techniques. The fundamental aspects of the American and European models of constitutional review. 

5. Political, economic and civil rights and related safeguards as provided for in the Italian and foreign constitutions.

6. Regional and local government: Italian regionalism and constitutional reform.Legislative powers, administrative powers, financial relations and regional funding, national coordination of regional activities. Functional and structural asymmetry with particular reference to special and ordinary regions in Italy, the regional system adopted in Spain and the devolution process in the United Kingdom. The relationship between the European Union and sub-national entities.

• Text book will be indicated at the start of the lectures.

• Selected parts (in English) of Italian Public Law textbooks as indicated at the beginning of the course. 

• Abstracts from American and European public law journals as indicated at the beginning of the course.

There are two compulsory written exams (mid-term and end of term) consisting of fifteen multiple choice questions and two short essays.

Those who wish to may also sit an oral exam and write a short thesis.