Corsi di Studio del Dipartimento di Giurisprudenza

This advanced course aims to provide student the knowledge of some essential aspects and problems related to the protection of rights in contemporary constitutional systems, and in the Italian constitutional system in particular. Through lessons that analyze the rights guaranteed by the Italian Constitution in the historical - and theoretical - perspective of constitutionalism, the student is expected to acquire, with respect to the teaching of Constitutional law of the first year, a greater critical awareness of the meaning of the protection of rights, and of its "techniques", in the contemporary world (also considered in the supranational context). Moreover, through a part of the lessons conducted with interactive methods and dedicated to the analysis of judicial cases directly by students, the course aims to bring them closer to the language and to the argumentative techniques of the judges - constitutional judges in particular - and to the tools and the methods of searching for judicial decisions.

At the end of the course the student will acquire:

- the knowledge of the essential aspects and problems related to the protection of rights in contemporary constitutional systems (and in the Italian constitutional system in particular);

- the knowledge of the concepts relevant to the question of the protection of rights (for example, democracy, constitutional state, principles, rules, values, human rights, universal rights, fundamental rights, inviolable rights);

- the knowledge and the ability to apply in the analysis of practical cases the main techniques for the protection of constitutional rights (in particular, the judgment of reasonableness, the "test" of proportionality, the balancing of rights);

- the ability to make the necessary connections between the different profiles (historical, philosophical, political, legal) of the issue of the protection of rights, and - in particular - to evaluate critically and consciously the contribution of the sphere of politics and the sphere of jurisdiction to the concrete guarantee of constitutional rights, and the relative "tension" in the context of the contemporary constitutional state;

- the ability to use - especially in the analysis of concrete cases and of the judgments of constitutional courts - a proper legal terminology;

- the ability to find - using the appropriate IT resources - the normative sources and the judicial decisions relevant to the problem of protection of rights, and to analyze them correctly (with particular regard to the structure and the interpretative arguments utilized by decisions of constitutional courts). 

Lessons partly face to face lecture-based - also with the projection of slides and other useful materials - and partly with interactive methods, with the active involvement of the students, for a total of 60 hours (9 CFU).

During the lessons special attention will be given to interaction and public debate with the students.

The lessons conducted with interactive methods will be dedicated to the analysis and discussion of practical cases taken from the jurisprudence of the Italian Constitutional Court and supranational Courts, that will be presented by the students (with consequences on the final exam procedures).

For attending students (and who have actively participated - in particular - lectures dedicated to the analysis and discussion of practical cases): oral exam, with a question taken from lecture notes available online.

For non- attending students: exam in part written and in part oral, both with one question (total two questions) taken from lecture notes available online.

- The protection of rights in the contemporary world: essential aspects and main problematic issues;

- The protection of rights from a historical-institutional perspective: classification considerations;

- Democracy, constitutional state and protection of rights. Protection of rights, principles and rules (and values). Human rights, universal rights, fundamental rights, inviolable rights;

- The historical "stages" of the positivization of rights and the rights guaranteed by the Italian Constitution of 1948 (with some comparatistic references);

- The current aspects and problems of the protection of constitutional rights (with particular reference to the Italian legal system): tools and techniques of protection, between the legislation and the interpretation / application (and the possible tensions between the two areas, political-parliamentary and constitutional-judiciary one);

- In particular: the judgment of reasonableness, the "test" of proportionality, the balancing of rights;

- The protection of rights between national and supranational levels: the European Convention on Human Rights and the Court of Strasbourg, the Charter of Fundamental Rights of the European Union and the Court of Justice, the European Social Charter, the Council of Europe . The "dialogue" - and the tensions - between the Italian Constitutional Court and the supranational Courts.

- In addition to these theoretical-general topics, during the course will be examined - in lessons conducted with interactive methods and the active involvement of students - some practical cases taken from the jurisprudence of the Italian Constitutional Court and supranational Courts, particularly significant for the theme of the protection of rights and its current problems.

Lecture notes of prof. Stefano Sicardi, "Diritti, Fonti, Corti e Democrazia", made available online (both for attending students and non- attending students).

The study of the topics of the exam program can be integrated and deepened on the following book: P. Caretti - G. Tarli Barbieri, I diritti fondamentali. Libertà e diritti sociali, Torino, Giappichelli, latest edition (in particular Parte generale).

Any other materials useful for the examination will be uploaded online. During the lessons will be illustrated the methods and the research tools of the normative sources and of the judicial decisions to which the lessons and the lecture notes refer.