CONSTITUTIONAL JUSTICE
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- ANDREA PUGIOTTO
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/08
Training objectives
- Knowledge of the role of the Constitutional Court in the legal system. In particular, investigation of interlocutory and direct judgments on the constitutional consistency of laws and of the controversies between branches of government. Full knowledge of the prerequisites for initiating the procedure, of the the techniques for drawing up the petition and of the referral order of the judge, including the necessary contents. Clear distinction of the effects of each kind of constitutional judgment and of the consequences on non-constitutional judicial decision.
Prerequisites
- Adequate knowledge of the fundamental institutions of constitutional law.
Course programme
- Students attending classes
The course is aimed to frame the Constitutional Court, with particular reference to its judicial review of legislation.
Themes of the course: basis and features of Constitutional Justice. The Italian Constitutional Court. The Constitutional Court as warrantor of legislative constitutionality. Features of constitutional procedure. The Court’s jurisdiction and decisions.
Students not attending classes
The course will mainly focus on the control over the constitutional legitimacy of laws and on the controversies between branches of government carried out by the Constitutional Court. Therefore, it will concern the ways of establishing judgment, the procedural profiles, the techniques of judgment and the argumentative strategies used by the Constitutional Court, the type and effects of constitutional decisions. Didactic methods
- During classes, some Constitutional Court’s decisions will be analyzed and discussed, in order to provide a practical approach to the subject
Learning assessment procedures
- Students attending classes
The exam consists of an oral test, led through an inductive method: the student has to describe the trial rules, the ways of judgment and the doctrinal reconstructions of the sentences, taking into account the constitutional sentences analyzed during the course.
Students not attending classes
The exam consists of an oral exam. As part of the final test on the examination program, institutional knowledge and in-depth understanding and criticism of the institutions will be evaluated. For the exam preparation it is essential to start from the analysis of the sources of law, all of which have to be accompanied by a careful study of the textbook. Reference texts
- Students attending classes: notes and material provided by the professor.
Students not attending classes: one of the following textbooks:
G.ZAGREBELSKY- V.MARCENO’, La giustizia costituzionale, II. Oggetti, procedimenti, decisioni, Bologna, il Mulino, latest edition.
E.MALFATTI-S.PANIZZA-R.ROMBOLI, Giustizia costituzionale, Torino, Giappichelli, latest edition.
A.RUGGERI-A.SPADARO, Lineamenti di giustizia costituzionale, Torino, Giappichelli, latest edition
