PUBLIC LAW

1. Knowledge and understanding: learning the institutions of public law will allow the student to develop legal understanding skills and to mature in terms of civil conscience and awareness of one's role in society. By addressing the issue of inviolable human rights and the mandatory duties of political, economic and social solidarity, he will acquire greater sensitivity on social issues of great importance. Through the study of regulatory sources, on the other hand, he will demonstrate that he has acquired the indispensable tools to decode a regulatory text, quickly understand its consistency with the Constitution, the legal rank, the relations with the legal system and the potential applications. Finally, he will have in-depth knowledge of both national institutions and the relative distribution of power, as well as the territorial articulation of the Republic.

2. Ability to apply knowledge and understanding: the student must, above all, be able to distinguish whether a normative source is national, Community or international, understand which of these must be applied to the concrete case and the rank with which it is equipped. 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 intuit the "destiny" of a regulatory act, should this be unconstitutional, conflict with a source of equal rank already in force, etc., by applying the ordering criteria of the sources, which are also being studied. From the point of view 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 limiting himself to the Italian parliamentary form of government, but also with reference to the US, French , Swiss, Israeli etc.

3. Making judgements: the student must have the ability to criticize legislation and argue their opinions, first of all referring to the Italian Constitutional Charter and the values contained therein. In wanting to apply the Baconian method, however, he must not only highlight the pars destruens, but also the pars construens and, therefore, conjecture one or more alternative norms that appear more desirable. Furthermore, the student must have developed a particular sensitivity with respect to issues of social interest, sometimes having a strong ethical impact and must 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. Furthermore, he must be able to compare several measures, sometimes even genetically produced outside, for example in the European Community. These skills will be useful for the graduate for future employment relationships, given that he/she must have gained confidence in Community law, which is increasingly relevant in many discipline sectors. For this purpose, as part of the teaching activities, in addition to the enhancement of the frontal lessons, extensive use is made of integrative comparative seminars.

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 the knowledge of the fundamental principles of the legal system and of the relationships between the bodies endowed with the power of authority. The student, therefore, in tackling other subjects, already possesses the essential coordinates for a mature and fruitful study.

Recommended but not mandatory.

Non-attending working students can contact the teacher directly for clarification on the course. For Erasmus students, it is possible to agree on the exam program after an interview with the teacher.

The Public Law course will focus on the constitutive elements of the State, examining the institutional subjects (bodies and entities) and the organizational rules that concern them. Attention will also be paid to the external relations of our legal system. The subject of study will also be the system of sources of law. 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 frontal teaching lessons and in-depth seminars on topical issues and of particular interest.

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 the outcome of their in-depth study to the class.

MANUAL

For the study of the discipline, the adoption of the following manual is recommended:

F. Giuffré, I.A. Nicotra, F. Paterniti, Diritto Pubblico e Costituzionale, 6ª edizione, Giappichelli, 2022.

alternatively, students may use the following manual:

R. Bin-G. Pitruzzella, Diritto Pubblico, 20ª edizione, Giappichelli, 2022.

COLLECTION OF PUBLIC LAWS

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

AA. VV., Leggi fondamentali del diritto pubblico e costituzionale, 46ª edizione, Giuffré, 2022.

The exam will take place on the basis of a reasoned and analytical discussion, during which the student will have to demonstrate the ability to argue the proposed legal theses, highlighting the links between the various legal institutes involved. For this reason, it is not possible to predetermine a typical question, since each topic selected during the exam is nothing but the initial input of a wider discussion.

By way of example only, the discussion may start from one of the following topics:

- the principle of equality;

- personal freedom;

- parliamentarianism;

- the characteristics of the Constitution.