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.
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.
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).