The course intends to propose a systematic reconstruction of the underlying reasons (even in a comparative perspective) of the Constitutional Justice: its various models of operation, its main functions, as well as its legitimacy to be the ultimate interpreter of the Constitution's words. From this point of view, we will be critically outlined the tensions between justice and the positive law in today's global and pluralistic societies.

1) The judicial power in the Republican Constitution
2) The Constitutional Justice in a Comparative Perspective
3) The Italian Constitutional Court
4) Functions of the Italian Constitutional Court
5) Justice and European law
6) Justice and national law
7) The judicial technique of balancing the principles, values
8) Social justice and the common market

None

1) Knowledge and understanding: The student should gain a comprehensive understanding of the fundamental principles concerning the judiciary in Italian law

2) Applying knowledge and understanding: The student should achieve a thorough understanding of the functions of the Constitutional Justice.

3) Making judgements: The student should understand the conflictual relationship between justice and positive law and the European and Italian legal systems.

4) Communication skills: The student should be able to speak in a debate in the classroom, supporting his arguments.

5) Learning skills: The student should be able to independently interpret the sources of italian and European law. 

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

Teaching

The course will take place mainly through lectures, in which the active and critical participation of the students will be stimulated, especially with the discussion in the classroom

Attendance

Attendance at least three-quarters of class hours. Study of reference texts. Careful reading of the Republican Constitution and of the Charter of Fundamental Rights of the Union

Course books

1) A. Barbera, C. Fusaro, Corso di diritto pubblico, Bologna, Il Mulino, ult. ed (limitatamente ai capitoli XIV, XV e XVI).

2) A. Cantaro (a cura di) Giustizia e diritto nella scienza giuridica contemporanea, Torino, Giappichelli, 2011 (limitatamente ai saggi di Cantaro, Losurdo, Maestro Buelga, Rescigno, De Fiores, Baldini). 

Assessment

Oral test, because it's  more adequate to verify the knowledge of the subject.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.

Course books

1) A. Barbera, C. Fusaro, Corso di diritto pubblico, Bologna, Il Mulino, ult. ed (limitatamente ai capitoli XIV, XV e XVI)

2) A. Cantaro (a cura di) Giustizia e diritto nella scienza giuridica contemporanea, Torino, Giappichelli, 2011.

Assessment

Oral test, because it's  more adequate to verify the knowledge of the subject.

Disability and Specific Learning Disorders (SLD)

Students who have registered their disability certification or SLD certification with the Inclusion and Right to Study Office can request to use conceptual maps (for keywords) during exams.

To this end, it is necessary to send the maps, two weeks before the exam date, to the course instructor, who will verify their compliance with the university guidelines and may request modifications.