Public Law Institutions

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Public Law Institutions

P

ROF

.

N

ICOLETTA

M

ARZONA

; P

ROF

.

M

ARIA

A

GOSTINA

C

ABIDDU

M

ODULE

I: Prof. Nicoletta Marzona

COURSE AIMS

The course aims to teach students the value of the Constitution as a factor of the legal, ethical and cultural unification of our constitutional history.

COURSE CONTENT

General concepts : Principal theories on law and the State. The social order and the legal-political order. Plurality of legal systems. Constitution, state, sovereignty, form of state and form of government. State and international community. State and supranational organisations. Process of European integration. Objective and subjective rights. Legal personality, legal capacity and capacity to act. Individual rights and legitimate interests. Legal power, options and functions. Public law and private law. Sources of law and matters that can be regulated solely by legislation.

Unwritten law. Interpretation. Efficacy and effectiveness of rules.

The various meanings of constitutions : The evolution of the Constitution in Italy from the Albertine statute onwards. Concepts of constitution, models of constitution and material constitution.

State as a legal person and structure : Organ, competency and hierarchy. Organic relationship. Electorate. Parliament. Government. President of the Republic.

Constitutional Court. Superior Council of the Judiciary and Supreme Defence

Council. Auxiliary organs. Independent administrative agencies.

State as a legal person and functions : Legislative, administrative and judicial proceedings. Constituent function. Constituent and constituted. Policy making function.

State as a community : Public and private autonomy. Political system – elements of direct democracy and political parties. Local authorities. Non-local authorities and private autonomy. Freedoms and social rights.

The constitutional protection of rights .

READING LIST

B ARILE C HELI GRASSI , Istituzioni di diritto pubblico, U. E, Padua.

TEACHING METHOD

Lectures and tutorials.

ASSESSMENT METHOD

Oral examinations with a possible interim written test half way through the course.

NOTES

Additional material for in-depth study will be furnished during the course.

Further information can be found on the lecturer's webpage at http://docenti.unicatt.it/web/searchByName.do?language=ENG or on the Faculty notice board.

M

ODULE

II: Prof. Maria Agostina Cabiddu

COURSE AIMS

The course aims to teach students the value of the Constitution as a factor of the legal, ethical and cultural unification of our constitutional history.

COURSE CONTENT

Principal theories on law and the State. General notions: objective and subjective rights. Legal personality, legal capacity and capacity to act. Individual rights and legitimate interests. Power, options and functions. Public law and private law.

Sources of law and matters that can be regulated solely by legislation. Unwritten law. Interpretation. Efficacy and effectiveness of rules.

The various meanings of constitutions : The evolution of the Constitution in Italy from the Albertine statute onwards. Concepts of constitution, models of constitution and material constitution.

State as a legal person and structure : Organ, competency and hierarchy. Organic relationship. Electorate. Parliament. Government. President of the Republic.

Constitutional Court. Superior Council of the Judiciary and Supreme Defence

Council. Auxiliary organs. Independent administrative agencies.

Legislative, administrative and judicial proceedings and functions. Constituent function. Constituent and constituted. Policy making function.

State as a community : Public and private autonomy. Political system – elements of direct democracy and political parties. Local authorities. Non-local authorities and private autonomy. Freedoms and social rights.

The constitutional protection of rights .

READING LIST

B IN –P ITRUZZELLA , Diritto pubblico, Giappichelli, Turin, 2014.

B ARILE -C HELI -G RASSI , Istituzioni di diritto pubblico, Padua, 2014.

Any other textbook of the student’s choosing provided that it is specifically for university level and is up-to-date.

TEACHING METHOD

Lectures and tutorials.

ASSESSMENT METHOD

Oral examinations with a possible interim written test half way through the course.

NOTES

Additional material for in-depth study will be furnished during the course.

Further information can be found on the lecturer's webpage at http://docenti.unicatt.it/web/searchByName.do?language=ENG or on the Faculty notice board.

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