Institutions of Public Law

1. Knowledge and understanding: learning from Public Law Institutions will allow the student to develop legal understanding skills and to mature in terms of civil conscience and awareness of their role in society. By addressing the issue of the inviolable rights of man and the mandatory duties of political, economic and social solidarity, he will acquire greater sensitivity on social issues of great importance. By studying the regulatory sources, however, he will demonstrate that he has acquired the indispensable tools to decode a regulatory text, quickly understand its consistency with the Constitution, its legal status, relations with the legal system and the potential for application. Finally, he will have an in-depth knowledge of both the national institutions and the relative distribution of power, and the territorial articulation of the Republic.

2. Ability to apply knowledge and understanding: the student must, first of all, be able to distinguish whether a normative source is national, community or international, understand which of these should be applied to the specific case and the rank with which it is endowed. Furthermore, he must be able to interpret the meaning of a provision, understanding whether or not it is consistent with the Constitution. He should also have the tools to guess the "destiny" of a normative act, should this be unconstitutional, to contrast with a source of equal rank already in force, etc., applying the ordering criteria of the sources, which are also being studied. In terms of knowledge of the institutions, the student must be able to describe the powers of the State, the relations between them and with the social body, not limited to the Italian parliamentary form of government, but also with reference to the US, French reality. , Swiss, Israeli etc.

3. Making judgments: the student must have the ability to criticize legislation and argue their opinions, referring first to the Italian Constitutional Charter and the values ​​it contains. Wishing to apply the Baconian method, however, he must not only highlight the pars destruens, but also the pars construcens and, therefore, conjecture one or more alternative norms that appear more desirable. Furthermore, the student must have developed a particular sensitivity towards issues of social interest, which sometimes have a strong ethical impact and recognize in which cases a legal discipline cannot be further postponed.

4. Communication skills: the student must know the legal terminology and must not encounter difficulties in understanding and exposing a regulatory act. If necessary, he must be able to clearly communicate the object of a legal text, summarize its fundamental points and grasp any implications. In addition, he must be able to compare multiple measures, sometimes even genetically produced outside, for example in the European Community. These skills will prove useful to the graduate for future employment relationships, as he must have acquired confidence with Community law, which is increasingly relevant in numerous fields of discipline. For this purpose, as part of the educational activities, in addition to the enhancement of lectures, extensive use is made of supplementary seminars with a comparative imprint.

5. Learning skills: the student must have acquired learning skills such as to be able to continue independently in the study of legal subjects, even at the highest levels. The institutions of public law, in fact, being a wide-ranging subject, guarantee knowledge of the fundamental principles of the legal system and of the relationships between the bodies with the power of authority. The student, therefore, in addressing other subjects, already possesses the essential coordinates for a mature and fruitful study.

The Institutions of Public Law course will focus on the constitutive elements of the State, examining the institutional subjects (organs and entities) and the organizational rules that concern them. Attention will also be paid to the external relations of our legal system. The system of sources of law will also be studied. The rights and duties recognized within our legal system will be taken into consideration. Attention will be paid to the Public Administration, the Constitutional Justice system and the territorial articulation of the Republic.

The course will take place in 24 frontal teaching lessons of 2 hours each, for a total of 48 hours of lessons.

Furthermore, during the course, the teacher will evaluate the opportunity to organize "study groups", participation in which will be absolutely optional. Each group, on the basis of a topic agreed with the teacher, will receive specific teaching materials aimed at deepening a topic. Based on this, the students who have joined the "study group" will undertake to analyze the chosen topic and, at the end of this study work, to illustrate to the class the outcome of their in-depth study.

MANUAL

For the study of the discipline we recommend the adoption of the following manual:

F. Giuffré, I.A. Nicotra, F. Paterniti, Diritto Pubblico e Costituzionale, 6th edition, Giappichelli, 2022, (with the exception of Chapter V of Part II, entitled: "La Magistratura")

alternatively, students can use the following manual:

R. Bin-G. Pitruzzella, Diritto Pubblico, 20th edition, Giappichelli, 2022, (with the exception of Pathway II, Chapter VIII entitled: "L'amministrazione della giustizia")

COLLECTION OF PUBLIC LAW LAWS

For the preparation of the subject it is essential to read and study the legal rules that affect the discipline and which can be consulted from the following collection of laws:

AA. VV., Leggi fondamentali del diritto pubblico e costituzionale, 45th edition, Giuffré, 2021.