06996 - Constitutional Justice

Learning outcomes

The teaching of living constitutional law through the analysis of the fundamental institutions and trends in the practice of constitutional bodies also with reference to constitutional case law. At the end of the course, students will be able to analyse, understand and critically discuss the functioning and arguments of the Constitutional Court.

The course pursues a twofold aim: i) the study of the system of constitutional justice, through the knowledge of the structure and functions of the Constitutional Court; ii) the learning of the mechanisms that regulate the decisional activity of judges, through the analysis and resolution of cases pending before the Constitutional Court; the ability to identify the aspects relating to the admissibility of the question submitted to the Court; the ability to identify the aspects relating to the merits of the question submitted to the Court; the ability to gather and study the legislation, case law and doctrine necessary for the solution of the case.

Course contents

The course pursues a two-fold objective:
i) understanding the system of constitutional adjudication, and in particular the structure and competences of the Constitutional court;

ii) understanding the mechanisms governing judicial decision-making, through the analysis and the solution of pending cases. At the end of the course, students will be able to identify and discuss the admissibility of the case; to critically analyse its outcome; to collect and analyse the legislative and doctrinal elements necessary to the solution of the case.

Readings/Bibliography

The exam is based on the following text book:

E. Malfatti, S. Panizza, R. Romboli, Giustizia costituzionale, Torino, Giappichelli, latest version.

For students who have attended at least 75% of the course, the assessment will be based on a selection of chapters, which will be communicated during the course.

In addition, it is essential for students to get access to the Constitutional courts’ decisions which will be discussed during the course. They are publicly available at the following webpages, together with the legislation relevant to each decision:

1. www.cortecostituzionale.it

2. www.giurcost.it

Teaching methods

Classes will take place during the second semester, according to the schedule that will be published subsequently.

Teaching methods include group work and in-class discussions concerning pending cases

Assessment methods

Assessment methods are two-fold.

First, assessment is based on participation in class, in particular in the context of the discussions on the pending cases.

Secondly, assessment takes place through the final exam, consisting of a general oral exam on the Course contents.

The final grade will reflect both components.

Grade range criteria:

- sufficient or barely sufficient knowledge of the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language →22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language →26-29/30;

- extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language →30-30L/30.

Facilities are provided for attending students in relation to the assessment methods.

Teaching tools

Case Law


Constitutional Court's decisions may be found on the official website of the Court (www.cortecostituzionale.it) and on the website Consulta on-line (www.giurcost.it).


Legislation

Legislation may be consulted at the webpage www.normattiva.it [http://www.normattiva.it] 

Office hours

See the website of Caterina Domenicali