Student guide Faculty of Law A.Y. 2007/08

Constitutional Law I and II
Aim of the course
This course is intended to give students an objective insight into the structure of the Italian constitution as it stands. It aims to describe not only what the constitution was presumably intended to achieve and what it actually has achieved, but also to understand what are almost unanimously considered to be its shortcomings and which should therefore be reformed. The Italian system is compared to those of the other great western democracies. Particular attention is dedicated to the idea of the economics-based constitution, the integration of Italy into the European Union and the thorny so-called 'internal federalism' issue.

Syllabus
Part I - General Principles
1. Society, the legal system and the law
2. The state, and forms of state and government
3. The major constitutional models
4. The evolution of and future for liberal democracies
Part II – The Italian constitution
1. The system of fundamental rights
2. The economics based constitution
3. The form and crisis of parliamentary government
4. Parliament, the President of the Republic, and the Government
5. The Judiciary and its controversial role
6. The Constitutional Court
7. The Regions
Part III - Italy and the European Union
Part IV – The issue of reform

The course is taught along traditional academic lines, but the lecturer will endeavour to involve students in the programme by indicating at the beginning of each cycle of lessons various reading materials which will then be discussed in later lessons. The course will also involve a series of discussions on subjects selected also on the basis of the interests indicated by the students.
Examinations
The examination takes place at the end of the course and is oral only. No mid-course examinations are planned.

Supplementary work
Students who have already taken the Constitutional Law exam during the first-level (three-year) degree course and intend to switch to the long-cycle (five-year) degree course will be required to take a supplementary exam on the essay indicated in the course reading list in order to obtain the further 8 credits needed.
Reading list
In addition to the reading recommended during the course, students are advised to study the textbook  Bin, R., Pitruzzella, G., Diritto costituzionale, Giappichelli, Turin, latest edition.
Alternatively, students may use the following textbook to study for the exam: Martines, T., Diritto costituzionale, Giuffrè, Milan, latest edition, or another textbook agreed with the lecturer after a specific discussion.
At the exam, students will be expected to demonstrate that they have read and assimilated the essay  Bognetti, G., La divisione dei poteri, Giuffrè, Milan, 2001 (which is an integral part of the syllabus).