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Course 2003-2004 a.y.

5133 - PRINCIPLES OF PUBLIC LAW

Department of Legal Studies


Go to class group/s: 8

Course Head:
GIUSEPPE FRANCO FERRARI

Classes: 8
Instructors:
Class 8: JUSTIN ORLANDO FROSINI

Introduction to the course:

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


Course Content :
  1. General Introduction: obstacles to be overcome when studying the legal system of one country in the language of another, legal translating techniques, 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 and delegated legislation. The relationship between European law and domestic legislation. Constitutional amendment. 
  3. Forms of State and forms of government. Electoral laws.  
  4. Regional and local government: Italian regionalism. 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. Looking towards the European Constitution.  
  5. 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. 
  6. Political, economic and civil rights and related safeguards as provided for in Italian and foreign constitutions.  

 


Textbooks:

  • J.O. FROSINI, L. PEGORARO, T. WALLER (EDS), Europe, Regions and Local Government in Italy, Spain and the United Kingdom, Libreria Bonomo Editrice, Bologna, 2003.  
  • J.O. FROSINI, L. PEGORARO, T. WALLER (EDS), The Italian Constitution. Text and Notes, Libreria Bonomo Editrice, Bologna, 2003.
  • Abstracts from American and European public law textbooks and journals as indicated at the beginning of the course

Examinations:

There are two written exams (mid-term and end-of-term) and an optional oral exam.