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INTRODUCTION TO PUBLIC LAW

I canale

Syllabus

EN IT

Learning Objectives

LEARNING OUTCOMES:
The course intends to make students familiar with the fundaments of public law through a comprehensive introduction to the Italian legal system, the European one and the global environment. The structure of the legal systems and legal orders, as well as the fundamentals of public law, will be analyzed. The course will offer a deep knowledge of fundamental rights, administrative law and procedures, regulation and public finance.

KNOWLEDGE AND UNDERSTANDING:
Students - also through a personal in-depth study of cases and reading of materials - will be able to read and interpret doctrinal texts, legislation and case studies, thus becoming familiar with the main tools for understanding public law.

APPLYING KNOWLEDGE AND UNDERSTANDING:
Students will be provided with a basic level of critical thinking on public law, also in a practical perspective.

MAKING JUDGEMENTS:
Students will be asked to read public law in context, also by comparing different jurisdictions.

COMMUNICATION SKILLS:
Students will discuss in the class cases, materials and statutes, becoming familiar with legal vocabulary and tools, necessary in order to develop communicative skills on legal phenomena.

LEARNING SKILLS:
The course provides students with basic methodology and the foundational notions of public law and legal sciences, necessary for subsequent studies in Masters degree as well as for first pratical implementation.

Prerequisites

none

Program

WEEK ONE:
1. Issues of methods in legal studies; concept of law
2. Two families of Legal Systems: Civil Law and Common Law
3. Origins and features of the modern Nation-State

WEEK TWO:
1. Domestic and International Public Law
2. Sources of Law
3. Federalism and regionalism

WEEK THREE:
1. Legal orders relationships: a) the European Union legal system
2. Legal orders relationships: b) the European Convention of Human Rights
3. Legal orders relationships: c) the Global arena

WEEK FOUR:
1. (cont'd:) Legal orders relationships: d) transnational patterns
2. Public law and political power: forms of government – separation of powers
3. Public law and political power: the Constitutional State

WEEK FIVE:
1. The role of the judiciary: patterns of constitutional review of the legislation
2. The role of the judiciary:
3. The role of the judiciary: protection of fundamental rights and freedoms (I)

WEEK SIX:
1. (cont'd) Protection of fundamental rights and freedoms (II): proportionality and balancing
2. Administrative law and administrative agencies: a) rule of law
3. Administrative law and administrative agencies: b) administrative proceedings; the regulatory State

Books

Attending students
1. Textbook: Andrea Buratti, Western Constitutionalism, 3rd edition, Giappichelli-Springer, 2023, ISBN 9791221101683
2. Required materials and readings as discussed in class, uploaded in the course's website and as pointed out in the annual Syllabus

Bibliography

Masterman - Schutze, The Oxford Companion to comparative Constitutional Law, Cambridge 2019
M. Loughlin, Foundations of Public Law, Oxford University Press, 2010

Teaching methods

36 hours divided into 18 classes, two hours' each, during the first semester, thrice a week.

Exam Rules

Learning outcomes are assessed through a written test (50% weight), and an oral final exam (50% weight); the final grade is the outcome of their average. The written test consist of a test with 30 questions with closed answers (4 answers for each question), one mark for every correct answer, no penalisation for wrong answers. Minimum pass grade is 18/30.
Students who passed the written exam will be allowed to take the oral exam immediately after or in the course of any call of the same session.
The criteria for grading the oral part of the exam are as follows:
o 18-20: barely sufficient knowledge and comprehension of topics, possibly with flaws; sufficient level of analysis synthesis and autonomous judgment
o 21-23: Standard knowledge and comprehension of topics; correct analysis and synthesis, logically coherent reasoning
o 24-26: Fairly good knowledge and comprehension of topics; good analytical and synthetical abilities, logically rigorous reasoning.
o 27-29: Full knowledge and comprehension of topics; remarkable analytical and synthetical abilities. Good judgmental autonomy.
o 30-30L: Very good level of knowledge and comprehension of topics. Outstanding capabilities of analysis and synthesis and of autonomous judgment. Ability for reasoning in a personal way.