The course aims to provide Law students with the main tools to understand Constitutional justice and the constitutional proceedings, analyzing both procedures and case law, referring in particular to the different ways to activate the Constitutional Court in the judicial review of legislation and to the Court’s other functions.

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. 

The course aims to provide students the main skills and ability to fully understand the matter of Costitutional justice. Here the main topics:
- History and definition of Constitutional justice;
- The debate in drafting the Constitution and the sources of law concerning the Constitutional Court;
- Organization and structure of the Italian Constitutional court;
- General features and phases of constitutional proceedings.
- The judicial review of legislation – “procedimento in via incidentale”;
- The judicial review of legislation: - “procedimento in via principale”; 
- The conflicts of powers: a) conflicts between State powers; b) conflicts between State and Regions and between Regions;
- Further Courts’ attributions: the decisions on referendum;
- Further Courts’ attributions: the decisions on presidential crimes.

Some lessons will be dedicated to enable students to focus on specific topics in constitutional justice. herefore, they will be characterized also for a more active involvement of attending students in lectures, as well as the development of seminars, based on the topicality of the most recent decisions of the Constitutional court. 

Constitutional Law 

Learning outcomes:

A) Knowledge and understanding: Students must demonstrate to get a full knowledge and understanding of the main tools and institutions of Constitutional justice. Students will acquire the fundamental notions in order to understand the functioning of judicial review of legislation and other Constitutional court’s functions, along with the comprehension of the main types of Court’s decision and their effects. Students will also develop research skills in investigating case law and in understanding legislation and normative framework. This not only in the study the judicial review of legislation but also in the analysis of the other functions of the Constitutional court (conflicts between powers, decisions on referendum and presidential crimes). 

B) Applying knowledge and understanding: Students will show the ability to apply their acquired knowledge and competence in the search for possible solutions to problems related to Constitutional justice topics, through the analysis of Constitutional court’s decisions and even in a multidisciplinary approach. 

C) Making judgements: Students must exhibit the ability to combine acquired knowledge with the handling of complex case-studies. They have to exhibit appropriate skills in analyzing and interpreting case law – also through research in data bases - and in formulating autonomous and aware judgements, whereas showing to be acquainted with social responsibilities which may arise from such judgments and learning (also in a future working context). 

D) Communication skills: Students are requested to demonstrate they know how to clearly communicate their own opinions and conclusions in debates. In such debates – which can rise during lectures, seminars or working classes – students will discuss proposals and logically argue them in an appropriate way, both with the lecturer and other students. 

E) Learning skills: Students are requested to show they have developed appropriate learning abilities both in jurisprudential, normative and bibliographical research and in the analysis of the main phases of Judicial review of legislation and other Constitutional courts’ functions. Having gained such abilities and competences, students will be able to continue their study in a quite autonomous way. 

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

Professor may suggest more material during class.

For case law, the following web sites are suggested:
www.cortecostituzionale.it
www.giurcost.org

Teaching

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".

Innovative teaching methods

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 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 at giuliaserena.stegher@uniurb.it.

Attendance

Attendance is not mandatory.

Course books

Ruggeri Antonio, Spadaro Antonino, Lineamenti di giustizia costituzionale, Torino, Giappichelli, 2022

Califano Licia, Fabrizzi Federica, Rubechi Massimo, Guida ragionata alla Costituzione italiana, Maggioli, 2024 

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 justice. 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 Judicial review of legislation and other Constitutional courts’ procedures and activities.

For attending students thers is the possibility to verify accomplishment through written verifications especially on case law, according to the procedures Professor will illustrate during class. Students can always decide to take the entire oral exam at the end of the course.

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.

Teaching

Teaching material made available by the lecturer can be found, together with other supporting activities, inside the Moodle platform › blended.uniurb.it  

For case law, the following web sites are suggested:
www.cortecostituzionale.it
www.giurcost.org

For non-attending students: for any further information or questions, please feel free to contact any time the lecturer through his institutional email address massimo.rubechi@uniurb.it or during the above mentioned office hours.

Attendance

Attendance is not mandatory.

Course books

Attending students’ programme (please, see above). Case law indicated inside the Moodle platform › blended.uniurb.it  is included.

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 justice. 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.