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


CONSTITUTIONAL LAW
DIRITTO COSTITUZIONALE

Constitutional Law
Diritto Costituzionale

A.Y. Credits
2022/2023 12
Lecturer Email Office hours for students
Licia Califano The reception for students, aimed at providing clarifications on the methods and topics covered in the lectures and assisting them in the assignment and elaboration of their theses, will be held on Wednesday afternoons from 4.00 p.m. onwards in a mixed mode (presential and distance).
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 Constitutional law course in the Law degree aims to provide students with critical knowledge of constitutional law, as well as with the essential tools to understand the whole State structure, with a special focus on: the Constitutional organization of the State and the relations between the several Constitutional bodies; fundamental rights; freedoms both in their national, European and international dimension; judicial review of legislation and the role of the Constitutional court. During the course a special focus will be dedicated to the sources of law. The knowledge of this topic is preliminary to a right and full understanding of the main subject students will approach during their entire university law degree. The  course’s method combines a theoretical teaching ad a more practical approach, especially through the study of handbooks and main legislation as well as the analysis of case law and the analysis of several topics during seminars, with a particular focus on institutional reforms in Italy in a European and international perspective. 
The course methodology, which combines traditional didactics (lectures) with innovative-experimental techniques (working-class, Flipped Learning and use of the Moodle-blended learning platform), is aimed at developing both basic and higher cognitive knowledge. In this way, through direct interaction with the lecturer and working-class work, the learning process is to be stimulated through more effective student involvement and better organisation of the material, in order to facilitate knowledge processes during the course.

Program

The course lasts one semester. 

General Section

·  Constitutional law and juridical order.

·  State structure and other juridical orders.

·  International order.

·  European Union order: the EU institutions and their relations with the Italian State.

·  The sources of law.

·  Introduction to the study of sources of law: classification charachteristics.

·  The sources of law system: principles and ordering criteria.

·  The integration of sources of law system: national and supranational sources, regional and local sources.

·  Analysis of the main types: Constitution and Constitutional laws; primary sources; secondary sources, regulative facts.

·  Fundamental rights.

·  The organization of politcal power.

·  The sovereignity of the people.

·  The Parliament.

·  The President of the Republic.

·  The Government.

·  Regional and local governments in the State of autonomies.

·  Public administration.

·  Jurisdictional guarantees.

·  Judicial review and the role of Constitutional Court

·  The italian order and its evolution.

Special part

During the second semester, the lecturer will address some specific issues regarding individual constitutional rights, such as primarily the judicial construction of the sources of law and the specific treatment of individual rights, in order to show to the students, from the beginning of their individual training, the importance of certain topics related to the study of constitutional law.

Learning Achievements (Dublin Descriptors)

Learning outcomes:

A) knowledge and understanding: Students must demonstrate their knowledge and ability to understand the matter with regard to the rules and to the main institutions of the Constitutional Law. Students must also demonstrate that they have acquired a good knowledge of the Italian constitutional system as well as a special ability to understand, starting from the normative data, the main practice through the development of their own original ideas also in a context of research of legislation, case law and juridical bibliography. 

B) applying knowledge and understanding: Students must demonstrate theri ability to interpret and apply the acquired knowledge along with  skills and understanding about problems of constitutional law. Students will be able to interpret and apply the rules of Italian constitutional order, including constitutional jurisprudence, with reference to concrete and specific contexts, identifying, interpreting and applying the rules that characterize each case-study. In this context students must demonstrate the ability to develop legal texts and documents in judicial and extrajudicial contexts. 

C) making judgements: Students must show ability to interpret national legal standards. Students will be able to integrate the knowledge gained from the references to both theoretical and practical enforcement of Constitutional Law. In this case students will consider the functional dynamics of the form of government and the concrete problems of protection of fundamental rights. Moreover students will consider the social responsibilities and involvements tied to the their developed knowledges and judgments. 

D) communication skills: Students must clearly communicate and argue theirobservations and conclusions in discussions during lectures, seminars, working classes, conferences (if organized). Students must demonstrate the ability to present the acquired knowledge with argumentative coherence and a logical, correct and systematic language. 

E) learning skills: Students must demonstrate that they havedeveloped the ability to understand the complexity of the legal and constitutional phenomenon, as well as the learning skills that can enable their to continue studying in a largely self-directed or independent way.  Students must demonstrate that they have achieved learning skills appropriate to continue legal studies with particular reference to a better understanding of additional areas of public law (European Union law, comparative constitutional law, public international law, regional law, administrative law). This also proceeding with a constant updating of their own skills and using the knowledge and tools acquired during the course.

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

Special meetings will be organized for attending students in order to help them to get prepared for mid-term tests

The teaching material made available by the lecturer can be found, together with other supporting activities, inside the Moodle platform › blended.uniurb.it. Professor can suggest additional materials and papers during lessons.


Teaching, Attendance, Course Books and Assessment

Teaching

For attending students:

General part: lectures

Special part: lectures, seminars on special topics and case law, conferences held by Italian and foreign scholars and professor; working groups; flipped learning.

During the course a tutorial activity will be organized to support students, as well as exercises on case law.

The course will be articulated in traditional mode (lectures) and in innovative-experimental mode (Flipped Learning technique teaching, hybrid seminar forms also through the use of digital touch boards).

Lessons

Lessons will be conducted in the following ways:

1. traditional (face-to-face lessons)

2. with flipped technique (3 meetings)

3. mixed (frontal lessons and working class or with flipped)

In addition, the course will be accompanied by a structured tutoring activity, exercises on case law cases and seminars. The innovative didactic lectures and seminars are organised with the aim of providing students with an opportunity for in-depth study for thought with respect to some classic legal topics, declined on the basis of a current perspective, also thanks to the involvement of expert speakers from various Italian academic realities, trying to assess the implications also at a European and supranational level. The opportunity is to discuss the topics covered in the seminars with the speakers.

The reception for students, aimed at providing clarifications on the methods and topics covered in the lectures and assisting them in the assignment and elaboration of their theses, will be held on Wednesday afternoons from 4.00 p.m. onwards in a mixed mode (presential and distance). 

For information, please contact the lecturer Prof. Licia Califano (licia.califano@uniurb.it) and the lecturer's assistants Federico Galli (federico.galli@uniurb.it) and Giuliaserena Stegher (giuliaserena@uniurb.it).

Innovative teaching methods
Attendance

Attending lectures and seminars is not mandatory.

Attending students can support mid-term test to verify their accomplishment. Professor will communicate manners and procedures of the mid-term test during lessons.

Course books

General part of the course:

A. BARBERA - C. FUSARO, Corso di diritto costituzionale, Il Mulino, Bologna, last available edition;

R. BIN - G. PITRUZZELLA, Diritto costituzionale, Giappichelli, Torino, last available edition;

for a systematic study of the constitutional text:

L. CALIFANO - M. RUBECHI, Guida ragionata alla Costituzione italiana, Maggioli, Rimini, 2019.  
 

For the Special Part:

Additional study material (e.g. court rulings, dossiers, opinions of authorities, doctrine, etc.), will be pointed out in class by the lecturer and made available to students (attending and non-attending) on Moodle-blended learning platform.

Assessment

In order to verify the accomplishment at the end of the course, the student will take an oral exam, aimed aimed at verifying the knowledge acquired (with particular reference to verify both the student's ability to synthesise and his/her communicative and expressive skills, as well as successful acquisition of the appropriate lexicon).

For attending students, intermediate tests may be taken to gradually check preparation and knowledge, in accordance with the procedures communicated by the lecturer during the lessons, also with a view to preparing a remedial programme through tutoring activities carried out by the lecturer's assistants. This is without prejudice to the possibility of taking the examination in full at the end of the course.

The expected learning outcomes will be assessed by means of three or more questions. The assessment criteria and marks are determined according to the following scale

- less than 18/30 - insufficient level: the candidate does not achieve any of the expected learning outcomes under 'knowledge and understanding';

- 18-20/30 - sufficient level: the candidate achieves, in particular, the learning outcomes under 'knowledge and understanding';

- 21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes stipulated under 'knowledge and understanding' and 'applied knowledge and understanding';

- 24-26/30 - good level: the candidate achieves, in particular, the learning outcomes stipulated at the points 'knowledge and understanding'; 'applied knowledge and understanding' and 'independent judgement';

- 27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes stipulated at the points 'knowledge and understanding'; 'applied knowledge and understanding'; 'independent judgement' and 'communication skills';

- 30-30 with distinction - excellent level: the candidate fully achieves the learning outcomes set out at the points 'knowledge and understanding'; 'applied knowledge and understanding'; 'independent judgement'; 'communication skills' and 'ability to learn'.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

Additional Information for Non-Attending Students

Teaching

During the course a tutorial activity will be organized to support students (also non-attending students), as well as exercises on case law. For any further information students can contact Professor to the mail address: licia.califano@uniurb.it

Attendance

Attending lectures and seminars is not mandatory.

Course books

General part of the course:

A. BARBERA - C. FUSARO, Corso di diritto costituzionale, Il Mulino, Bologna, last available edition;

R. BIN - G. PITRUZZELLA, Diritto costituzionale, Giappichelli, Torino, last available edition;

for a systematic study of the constitutional text:

L. CALIFANO - M. RUBECHI, Guida ragionata alla Costituzione italiana, Maggioli, Rimini, 2019.

Assessment

In order to verify the accomplishment at the end of the course, the student will take an oral exam, aimed at ascertaining the knowledge acquired (with particular reference to verify both the student's ability to synthesise and his/her communicative and expressive skills, as well as successful acquisition of the appropriate lexicon).

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

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