CONSTITUTIONAL AND PUBLIC LAW

The course aims to provide students with the knowledge of the fundamental legal institutions of modern constituional law and to understand their function as tools for regulating economic and social reality, in the legal dimension of both the horizontal relations between the organs of the state system, that of the vertical ones between the latter and the citizens. Essential for these purposes will be the acquisition of an appropriate legal technical language and the ability to frame human relationships of legal, personal and patrimonial importance, within the reference regulatory system.

1. Knowledge and understanding
1.1 To understand the multilevel regulatory system that today regulates the relations between the different national, supranational and sub-state legal systems.
1.2 To know the individual public law institutions covered by the program.
1.3 Understanding the role that these institutions play in the context of the italian form of State and government.
2. Ability to apply knowledge and understanding
2.1 Knowing how to frame the single legal institutions in the form of the italian form of State and government.
2.2 Knowing how to identify the single legal norms or the various sets of them intended to regulate specific interorganic or intersubjective relationships.
2.3 Acquisition of the knowledge of the institutions, distinguishing the function specifically performed by each of them in the model of italian form of State and government.

3. Ability to judge
3.1 Interpret the normative texts.
3.2 Identify, distinguish and relate the principles and norms contained in the various sources of multilevel law.
3.3 To relate the legal institutions to each other and reassemble them to unity in the context of the Italian form of State and government.

No specific courses are required as prerequisites.

Constitution. At the origin of the italian Constitution. The constituent power. The constitutional review process and its limits
The sources of law. The structure of the legal norm. The interpretation. The criteria for resolving antinomies. Primary sources. Secondary sources.
Forms of state and forms of government.
The Italian form of government. Parliament. Government. President of the Republic. Tools for popular participation.
Constitutional justice. Composition and functions of the Constitutional Court. The judicial review of legislation. Conflicts of attribution between powers of the state.

A. Cardone, F. Cortese, A. Deffenu, Istituzioni di diritto pubblico, Giappichelli, last edition, the following parts:
Chapters IV, VI, IX, X
Chapters I, II (reading only)

or, alternatively
A. Barbera, C. Fusaro, C. Caruso, Corso di Diritto Pubblico, Il Mulino, last editione, the following parts:
Chapters VI, IX, XI, XII, XIII, XVII
Chapters I, II, III, XVIII (sola lettura)

The written exam consists of one open-ended question and 15 multiple-choice questions.

The open-ended question is assigned a score from 1 to 30, with the following grading criteria (how grades are assigned):
Scores in the 18-22 range will be awarded for:
- sufficient knowledge and applied understanding of the syllabus;
- limited ability to collect and/or interpret data, formulating independent judgments;
- sufficient communication skills, especially in relation to the use of specific language pertaining to Constitutional and Public Law.
Scores in the 23-26 range will be awarded for:
- fair knowledge and applied understanding of the syllabus;
- fair ability to collect and/or interpret data, formulating independent judgments;
- Fair communication skills, especially in relation to the use of specific language pertaining to Constitutional and Public Law.
Scores in the 27-30 range will be awarded in the presence of:
- Good or excellent knowledge and applied comprehension of the syllabus;
- Good or excellent ability to collect and/or interpret texts, formulating independent judgments;
- Fully appropriate communication skills, especially in relation to the use of specific language pertaining to Constitutional and Public Law.
A passing grade of at least 18 on the open-ended question is a prerequisite for passing the exam.

For multiple-choice questions, each correct answer is awarded 3 points. A missing answer is considered an incorrect answer. To pass the exam, students must have at least 9 correct answers out of 15.

If both the open-ended question and the multiple-choice questions are successfully passed, the final grade will be the mathematical average of the scores of the two.

Honors will be awarded if a mark of 30 is achieved in both parts of the exam and if the candidate demonstrates excellent knowledge and ability, applied understanding of the program, judgment, and communication skills.

The instructor is responsible for ensuring that the rules of authenticity and originality of the exam papers are respected. Therefore, in cases where there is suspicion of irregularity, the exam may include further in-depth analysis, concurrent with the exam, which may also be conducted in a manner other than those described above.

written

The instructor is responsible for ensuring the authenticity and originality of all examinations and coursework. In cases of suspected academic misconduct, an additional on-site assessment may be required during the exams, which may differ from the standard format.

Regarding grade grading (how grades will be assigned):
Scores in the 18-22 range will be awarded if there is:
- sufficient knowledge and applied understanding with reference to the syllabus;
- limited ability to collect and/or interpret data, making independent judgments;
- sufficient communication skills, especially in relation to the use of specific language pertaining to the Constituzional and Public Law

Scores in the 23-26 range will be awarded in the presence of:
- fair knowledge and applied comprehension skills with reference to the syllabus;
- discrete ability to collect and/or interpret data, making independent judgments;
- fair communication skills, especially in relation to the use of specific language pertaining to the Constitutional and Public Law

Scores in the 27-30 range will be awarded in the presence of:
- good or very good knowledge and applied comprehension skills with reference to the syllabus;
- good or excellent ability to collect and/or interpret data, make independent judgments;
- fully appropriate communication skills, especially in relation to the use of specific language pertaining to the Constitutional and Public Law.

P. honors will be awarded in the presence of applied knowledge and understanding with reference to the program, judgment and communication skills, excellent.

The course mainly follows a conventional teaching approach, through lectures.

Ca' Foscari applies the Italian Law n. 17/1999 and Law n. 170/2010.
If you have a motor, visual, auditory or other disability, or a specif
learning disorder, we invite you to do two things:
1. Talk to your course instructor
2. Contact the office of disability support
disabilita@unive.it
Contact the office of disability support services (disabilita@unive.it) for
general information: to find out what you are entitled to by law, and to
request support and accommodation - www.unive.it/disabilita