CONSTITUTIONAL PROGRESSIV LAW
DIRITTO COSTITUZIONALE PROGREDITO
A.Y. | Credits |
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2022/2023 | 12 |
Lecturer | Office hours for students | |
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Massimo Rubechi | Thursday, 12.00 |
Teaching in foreign languages |
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Course with optional materials in a foreign language
English
French
Spanish
This course is entirely taught in Italian. Study materials can be provided in the foreign language and the final exam can be taken in the foreign language. |
Assigned to the Degree Course
Date | Time | Classroom / Location |
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Date | Time | Classroom / Location |
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Learning Objectives
The Advanced Constitutional law course in the Law degree aims to provide students with critical knowledge of constitutional law, as well as with the essential tools to understand the sources of law and the decision-making procedures leading to their approval.
The course is structured by combining, for each source act, the theoretical study and dogmatic configuration of the same with the individual procedures, also in the relationship between their configuration operated by the sources on production and the concrete profiles of practice.
The course is structured with a technical-practical methodological approach, combining the study of theoretical profiles with a reasoned analysis of case law and practices that characterise the decision-making procedures of the government and Parliament.
In addition, a series of thematic interventions in seminar form will be organised to allow, also with the participation of specialists and experts in the field, to deepen the main problems and the most important new profiles with respect to the acts dealt with.
The course methodology, which combines traditional didactics (lectures) with innovative-experimental techniques (working-class, Flipped Learning and use of the Moodle-blended learning platform), is aimed at developing both basic and higher cognitive knowledge. In this way, through direct interaction with the lecturer and working-class work, the learning process is to be stimulated through more effective student involvement and better organisation of the material, in order to facilitate knowledge processes during the course.
Program
The course lasts one semester.
The sources of law - General profiles
Criteria for the resolution of normative antonyms - Jurisprudential profiles
Constitutional sources - The approval process and precedents
The laws - the legislative processes
Acts having the force of law - the approval process, between government and Parliament
Secondary sources - the approval procedures internal to the government
Referendums and institutions of direct democracy - focus on repeal referendum
The sources of the European Union - the approval procedures (overview)
Regional sources - nature and procedures
The sources of local authorities
The other sources
The soft law acts
Bridging Courses
Constitutional law
Learning Achievements (Dublin Descriptors)
Learning outcomes:
A) knowledge and understanding: Students must demonstrate their knowledge and ability to understand the matter with regard to the rules and to the main institutions of the Constitutional Law, with regard to the sources of law and decision-making procedures. Students must also demonstrate that they have acquired a good knowledge of the Italian constitutional system as well as a special ability to understand, starting from the normative data, the main practice through the development of their own original ideas also in a context of research of legislation, case law and juridical bibliography.
B) applying knowledge and understanding: Students must demonstrate their ability to interpret and apply the acquired knowledge along with skills and understanding about problems of constitutional law with regard to the sources of law and decision-making procedures. Students will be able to interpret and apply the rules of Italian constitutional order, including constitutional jurisprudence, with reference to concrete and specific contexts, identifying, interpreting and applying the rules that characterize each case-study. In this context students must demonstrate the ability to develop legal texts and documents in judicial and extrajudicial contexts.
C) making judgements: Students must show ability to interpret national legal standards. Students will be able to integrate the knowledge gained from the references to both theoretical and practical enforcement of Constitutional Law. In this case students will consider the sources of law and decision-making procedures . Moreover students will consider the social responsibilities and involvements tied to the their developed knowledges and judgments.
D) communication skills: Students must clearly communicate and argue theirobservations and conclusions in discussions during lectures, seminars, working classes, conferences (if organized). Students must demonstrate the ability to present the acquired knowledge with argumentative coherence and a logical, correct and systematic language.
E) learning skills: Students must demonstrate that they have developed the ability to understand the complexity of the legal and constitutional phenomenon, as well as the learning skills that can enable their to continue studying in a largely self-directed or independent way. Students must demonstrate that they have achieved learning skills appropriate to continue legal studies with particular reference to a better understanding of additional areas of public law (European Union law, comparative constitutional law, public international law, regional law, administrative law). This also proceeding with a constant updating of their own skills and using the knowledge and tools acquired during the course.
Teaching Material
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
Supporting Activities
Special meetings will be organized for attending students.
The teaching material made available by the lecturer can be found, together with other supporting activities, inside the Moodle platform › blended.uniurb.it. Professor can suggest additional materials and papers during lessons.
Teaching, Attendance, Course Books and Assessment
- Teaching
For attending students:
The course will begin in the second semester and will be divided into: lectures, seminars on special topics and case law, conferences held by Italian and foreign scholars and professor; working groups; flipped learning.
During the course a tutorial activity will be organized to support students, as well as exercises on case law.
The course will be articulated in traditional mode (lectures) and in innovative-experimental mode (Flipped Learning technique teaching, hybrid seminar forms also through the use of digital touch boards).
Lessons
Lessons will be conducted in the following ways:
- traditional (face-to-face lessons),
- with flipped technique (3 meetings),
- mixed (frontal lessons and working class or with flipped).
In addition, the course will be accompanied by a structured tutoring activity, exercises on case law cases and seminars. The innovative didactic lectures and seminars are organised with the aim of providing students with an opportunity for in-depth study for thought with respect to some classic legal topics, declined on the basis of a current perspective, also thanks to the involvement of expert speakers from various Italian academic realities, trying to assess the implications also at a European and supranational level. The opportunity is to discuss the topics covered in the seminars with the speakers.
The student consultation hours, aimed at providing clarifications on the methods and topics covered in the lectures and assisting them in the assignment and elaboration of their theses, will be held on
For information, students can contact the Professor: massimo.rubechi@uniurb.it or the teaching assistants: Giulia Renzi (giulia.renzi@uniurb.it) and Giuliaserena Stegher (giuliaserena.stegher@uniurb.it).
- Innovative teaching methods
The course is based on:
- frontal lesson,
- working-class,
- flipped learning,
- practice excercises.
The teaching method will be enriched with individual and group exercises and in-depth studies, which students will carry out using the University's Moodle platform. Some topics of the course will be treated following the practice of the "flipped lesson".
- Attendance
Attending lectures and seminars is not mandatory.
Attending students can support mid-term test to verify their accomplishment. Professor will communicate manners and procedures of the mid-term test during lessons.
- Course books
The study of the following texts is mandatory:
1) A. RUGGERI – A. SPADARO, Lineamenti di Giustizia costituzionale, Giappichelli, Torino, last edition available.
2) L. CALIFANO - M. RUBECHI, Guida ragionata alla Costituzione italiana, Maggioli, Rimini, 2019: Itinerario di comprensione n. 11 - Titolo VI, Garanzie costituzionali; ocus di comparazione n. 1 – Diritti e tutela multilivello; Focus di comparazione n. 5 - Modelli di giustizia costituzionale.
Additional study material will be pointed out in class by the lecturer and made available to students (attending and non-attending) on Moodle-blended learning platform.
- Assessment
At the end of the course, to verify accomplishment, students will take an oral exam. Professor has chosen such method of assessment, considering that it is more appropriate to get a complete overview of students’ accomplishment in Constitutional law. Oral exam aims to verify students’ communicative and expressive skills, as well as their successful acquisition of correct legal lexicon, especially referring to procedural aspects of sources of law and decision-making procedures.
Such method of assessment aims to check, at the same time, student's ability to synthesize, his/her communicative and expressive skills, as well as his/her successful acquisition of the appropriate legal lexicon.
- 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.
Additional Information for Non-Attending Students
- Teaching
During the course a tutorial activity will be organized to support students (also non-attending students), as well as exercises on case law. For any further information students can contact Professor to the mail address: massimo.rubechi@uniurb.it
- Attendance
Attending lectures and seminars is not mandatory.
- Course books
Study texts and further materials will be indicated near the beginning of the lectures.
- Assessment
At the end of the course, to verify accomplishment, non-attending students will take an oral exam. Professor has chosen such method of assessment, considering that it is more appropriate to get a complete overview of students’ accomplishment in Constitutional system. Oral exam aims to verify students’ communicative and expressive skills, as well as their successful acquisition of correct legal lexicon.
- 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.
Notes
Students with “formative debt” have to contact the Professor to arrange the programme.
Students can request to take the final exam in French, English or Spanish (please, contact Professor).
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