Insegnamento a.a. 2004-2005

Course Objectives

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

Course Content Summary

• 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. 
• 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.
• Forms of State and forms of government. Electoral laws.
• 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.
• 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.
• Political, economic and civil rights and related safeguards as provided for in Italian and foreign constitutions.

Textbooks

• V. JACKSON. M. TUSHNET (eds), Comparative Constitutional Law, New York, Foundation Press, 1999 (selected parts).
• H. KOUNTOURIS, The European Union in P. LEYLAND, T. WOODS, Textbook on Administrative Law, Oxford University Press, Oxford, 2002, 4th Edition.
• J.O. FROSINI, L. PEGORARO, T. WALLER (eds), The Italian Constitution. Text and Notes, Bologna, Libreria Bonomo Editrice, 2003. 

Detailed Description of Assessment Methods

There are two written exams (1^st partial exam at mid-semester and 2^nd partial exam at end-of-semester) and an optional oral exam.