Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


CONSTITUTIONAL JUSTICE
GIUSTIZIA COSTITUZIONALE

A.Y. Credits
2020/2021 6
Lecturer Email Office hours for students
Massimo Rubechi thursday - 10.30
Teaching in foreign languages
Course with optional materials in a foreign language English French Spanish
This course is entirely taught in Italian. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language.

Assigned to the Degree Course

Law (LMG/01)
Curriculum: PERCORSO COMUNE
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

The course aims to provide Law students with the main tools to understand Constitutional justice and the constitutional proceedings, analyzing both procedures and case law, referring in particular to the different ways to activate the Constitutional Court in the judicial review of legislation and to the Court’s other functions.

Program

The course aims to provide students the main skills and ability to fully understand the matter of Costitutional justice. Here the main topics:
- History and definition of Constitutional justice;
- The debate in drafting the Constitution and the sources of law concerning the Constitutional Court;
- Organization and structure of the Italian Constitutional court;
- General features and phases of constitutional proceedings.
- The judicial review of legislation – “procedimento in via incidentale”;
- The judicial review of legislation: - “procedimento in via principale”; 
- The conflicts of powers: a) conflicts between State powers; b) conflicts between State and Regions and between Regions;
- Further Courts’ attributions: the decisions on referendum;
- Further Courts’ attributions: the decisions on presidential crimes.

Some lessons will be dedicated to enable students to focus on specific topics in constitutional justice. herefore, they will be characterized also for a more active involvement of attending students in lectures.

Bridging Courses

Constitutional Law.

Learning Achievements (Dublin Descriptors)

Learning outcomes:

A) Knowledge and understanding: Students must demonstrate to get a full knowledge and understanding of the main tools and institutions of Constitutional justice. Students will acquire the fundamental notions in order to understand the functioning of judicial review of legislation and other Constitutional court’s functions, along with the comprehension of the main types of Court’s decision and their effects. Students will also develop research skills in investigating case law and in understanding legislation and normative framework. This not only in the study the judicial review of legislation but also in the analysis of the other functions of the Constitutional court (conflicts between powers, decisions on referendum and presidential crimes). 

B) Applying knowledge and understanding: Students will show the ability to apply their acquired knowledge and competence in the search for possible solutions to problems related to Constitutional justice topics, through the analysis of Constitutional court’s decisions and even in a multidisciplinary approach. 

C) Making judgements: Students must exhibit the ability to combine acquired knowledge with the handling of complex case-studies. They have to exhibit appropriate skills in analyzing and interpreting case law – also through research in data bases - and in formulating autonomous and aware judgements, whereas showing to be acquainted with social responsibilities which may arise from such judgments and learning (also in a future working context). 

D) Communication skillsStudents are requested to demonstrate they know how to clearly communicate their own opinions and conclusions in debates. In such debates – which can rise during lectures, seminars or working classes – students will discuss proposals and logically argue them in an appropriate way, both with the lecturer and other students. 

E) Learning skills: Students are requested to show they have developed appropriate learning abilities both in jurisprudential, normative and bibliographical research and in the analysis of the main phases of Judicial review of legislation and other Constitutional courts’ functions. Having gained such abilities and competences, students will be able to continue their study in a quite autonomous way.

Teaching Material

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Supporting Activities

Professor may suggest more material during class.

For case law, the following web sites are suggested:
www.cortecostituzionale.it
www.giurcost.org


Didactics, Attendance, Course Books and Assessment

Didactics

Lectures, seminars, conferences held also by other Foreign and Italian scholars and experts.
Exercises will be held on case law; flipped learning; debate. 

Attendance

Attendance is not mandatory.

Course books

The study of the following texts is mandatory:

1) A. RUGGERI – A. SPADARO, Lineamenti di Giustizia costituzionale, Giappichelli, Torino, last edition available.

2) L. CALIFANO - M. RUBECHI, Guida ragionata alla Costituzione italiana, Maggioli, Rimini, 2013: Itinerario di comprensione n. 11 - Titolo VI, Garanzie costituzionali; ocus di comparazione n. 1 – Diritti e tutela multilivello; Focus di comparazione n. 5 - Modelli di giustizia costituzionale.

Assessment

At the end of the course, to verify accomplishment, students will take an oral exam. Professor has chosen such method of assessment, considering that it is more appropriate to get a complete overview of students’ accomplishment in Constitutional justice. Oral exam aims to verify students’ communicative and expressive skills, as well as their successful acquisition of correct legal lexicon, especially referring to procedural aspects of Judicial review of legislation and other Constitutional courts’ procedures and activities.

For attending students thers is the possibility to verify accomplishment through written verifications especially on case law, according to the procedures Professor will illustrate during class. Students can always decide to take the entire oral exam at the end of the course.

Additional Information for Non-Attending Students

Didactics

Teaching material made available by the lecturer can be found, together with other supporting activities, inside the Moodle platform › blended.uniurb.it  

For case law, the following web sites are suggested:
www.cortecostituzionale.it
www.giurcost.org

For non-attending students: for any further information or questions, please feel free to contact any time the lecturer through his institutional email address massimo.rubechi@uniurb.it or during the above mentioned office hours.

Attendance

Attendance is not mandatory.

Course books

Attending students’ programme (please, see above). Case law indicated inside the Moodle platform › blended.uniurb.it  is included.

Assessment

At the end of the course, to verify accomplishment, non-attending students will take an oral exam. Professor has chosen such method of assessment, considering that it is more appropriate to get a complete overview of students’ accomplishment in Constitutional justice. Oral exam aims to verify students’ communicative and expressive skills, as well as their successful acquisition of correct legal lexicon.

Notes

Students can request to take final oral exam in English, French or Spanish. Please, feel free to contact the professor for this request.

« back Last update: 17/07/2020

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