Corsi di Studio del Dipartimento di Giurisprudenza

Module I

The course unit provides a basic understanding of the foundations of constitutional law both in terms of legal historical developments in European legal orders and EU law as well as from the perspective on non-Western contexts. Thereby, it  explores particularities, main elements and conflicts that might arise in constitutional law from a comparative perspective while elaborating on its main principles and current practical challenges. Furthermore, it addresses the most advanced frontier of constitutional law, namely the development of constitutionalism beyond the borders of the nation state.

Module II

Rights and New Challenges

Human Dignity as a constitutional doctrine.

Limits of punishment.

Procedural fairness generally

Rights in the criminal process: a case study.

General provisions dealing with equality discrimination

Affirmative action

Fundamental social rights.

Sites on constitutional struggle for women’s equality.

Race and ethnicity discrimination.

Freedom of religion. Linguistic and cultural rights.

Rights of non-citizens

Asylum and Refugees (I).

Multicultural societies and migration.

Environmental rights and future generations.

Module I

After attending this course unit, the students are expected:

- to have a good knowledge of the main contents of constitutional legal documents, as well as of their characterizing features, such as the form of government, the establishment of the protection of fundamental rights, the electoral system, the definition of the identity of the political community, and the structure of constitutional adjudication;

- to be able to compare constitutional texts on the basis of the above mentioned features;

- to have developed a keen awareness of the existence of different constitutional traditions and of their most specific characteristics;

- to have a sufficient understanding of the most advanced frontiers of constitutionalism within the post-national constellation;

- to be capable of presenting and discussing constitutional legal documents and scholarship;

- to have improved the writing skills in order to draft a short essay on one of the topics of the course unit.

The course unit (Module II) provides a basic understanding of some pivotal issues of Constitutional law. These will be analyzed from a Global Law perspective. Each issue will be explored by dealing with the Italian Constitution, as well.

Each theme aims to be developed:

to focus on similarities and differences in the various legal cultures;

to acquire some critical tools in order to understand current events;

to achieve some knowledges useful to challenge the stereotypes;

to let the study become an eye-opening experiences;

to allow each person of the teaching community to grow up as a citizen and a person.

Students will be required to achieve a good knowledge of the topics developed in the course and to be able to make a critical employment of the conceptual tools acquired. Specific referrals to the Italian system will be very welcome.

Module I

Along with more traditional lectures, the course encourages interaction among the students as well as between the students and the lecturers.

The different teaching blocks will be organised through a blend of different components:  reading and study materials, video lectures, presentations with vocal comment, in presence or virtual room sessions (Webex) for interaction with students, assignments of reaction papers, students’ in presence or online presentations, etc.

All the materials are already available on Campusnet and will be made available through the teaching platform (Moodle) until the beginning of the course unit.

A more precise balance of the different components is dependent on the evolution of the restrictions related to the Covid-19 pandemic and will be communicated to the students before the beginning of the course unit.

It is therefore essential and compulsory that all students enrol in the teaching platform (both Campusnet and Moodle) to have full access both to materials, discussions and communications.

Module II

Along with more traditional lectures, the course encourages interaction among the students as

well as between the students and the lecturer.

In each lesson movies, songs and newspapers could be analyzed in order to reflect on the topics of the lessons.

Module II

The assessment is based on

a) a written exam with an open question on the topics of the general part of the course unit;

b) a short take-home essay choosing among 3-5 different topics;

c) active participation throughout the debates in the seminars.

Module II

To have a positive final grade, students have to separately take the exams on Module I and Module II.

The final grade is calculated as the mathematical average of the partial results respectively obtained for Module I and II. However, in order to have a positive final result, it is necessary to pass each one of the two Modules; in other words, a fail in one of the two Modules necessarily leads to a fail in the whole exam on Principles of Constitutional Law.

Before taking the exam on Module II, students have mandatorily to pass the take-home exam on Module I. As regards the modalities of the exams of Module I, please refer to the instructions uploaded by Professor Dellavalle.

After having passed the exam on Module I, students can take the exam on Module II at any of the institutional dates as uploaded on the Unito platform. A preliminary date will be May 11^th.

The exams will be in presence. As you know, according the rules now in force, on line exams are reserved to particular cathegories of students. Starting by May, oral exams will be run according the rules that will be introduced.

The final exam consists of a written exam with open questions (90 minutes). Students will be given 4 questions and will have to answer 2 of them of their choice. The teacher aims to guarantee the par condicio between students who will take the written exam and students who will take the oral exam (only in the cases expressly provided for). Therefore, the students who will take the online exam will be given 4 questions and will have to answer 2 of them of their choice. The online exams will take place starting from the afternoon of the appeal date, according to a calendar that will be drawn up according to the number of students enrolled. 10 students per day will be examined.

The contents of the concept of constitution.

The Western constitutional tradition: autocracy vs. democracy.

The division of powers as the first means for the limitation and control of public power.

The main forms of government: parliamentary system, presidential system, and semi-presidential system.

Federalism (and regionalism) as the second means for the limitation and control of public power.

The taxonomy of fundamental rights: civil, political and social rights; individual and collective rights; first, second and third generation rights. The rights of non-human beings.

Electoral systems: plurality system; majoritarian system; proportional system.

The nation as the community of citizens vs. the nation as expression of ethnicity.

Systems of constitutional adjudication; competences of constitutional courts.

Non-Western constitutional traditions: East-Asian constitutions; Islamic Constitutions; One-Party Constitutions; African Constitutions.

Post-national constitutionalism: supranational organizations; global governance; cosmopolitan constitutionalism; global economic constitutions.

Module II

Part Three: Rights

Part Four: New Challenges 

Class 1. Introduction

Class 2. 15. Human Dignity as a constitutional doctrine (pp. 193-203).

Class 3: 16. Limits of punishment (pp. 205-216).

Class 4: 20. Procedural fairness generally (259-272).

Class 5: 21. Rights in the criminal process: a case study (273-283).

Class 6: 22. General provisions dealing with equality discrimination (287-300); 25. Affirmative action (325-336); 29. Fundamental social rights (375-385).

Class 7: 23. Sites on constitutional struggle for women’s equality (301-312).

Class 8: 31. Environmental rights and future generations (401-412).

Class 9: 24. Race and ethnicity discrimination (313-323).

Class 10: 19. Freedom of religion (243-254). 30. Linguistic and cultural rights (387-399).

Class 11: 27. Rights of non-citizens (349-360); 32. Asylum and Refugees (I) (415-425).

Class 12: General review.

The texts containing an overall presentation of the contents of the unit as well as those discussed can be downloaded from the web-site of the course unit.