law

The course will focus on the in-depth study of a subject which is crucial for constitutional law: the relationship between the permanence of the constitution and the need for change in the legal system. This issue will be examined in three parts and from two different perspectives. In the first part of the course, theoretical issues will be addressed which concern, on the one hand, the textual amendment of the constitution and, on the other, the constitutional changes that translate into tacit constitutional amendments or into ruptures or suspensions of the constitution. In this regard, some of the most well-known theories will be addressed and discussed. They will be analyzed in a broader historical-constitutional context and in the light of some paradigmatic questions. In the second part of the course, the constitutional relationship between stability and change will be analyzed with reference to fundamental rights. In this regard, both theoretical understandings and the guarantees inscribed in the Italian Constitution will be discussed. Particular attention will therefore be paid to social rights and related guarantees. In the third part, these issues will be addressed from the point of view of the city, the relationship between the center and urban/social peripheries, as well as the urban declinations of public order. Relevance will be given to the constitutional perspective on housing rights and smart cities, also in consideration of regulatory developments and case-law.

Preparatory exam: ISTITUZIONI DI DIRITTO PUBBLICO. At the beginning of the course and for the final examination students must have already acquired the knowledge of the fundamental notions of Italian public law.

To prepare the exam, the study of ALL the texts listed below is required (to be updated at the beginning of the second semester). a) G. AZZARITI, Appunti per le lezioni. Parlamento, Presidente della Repubblica, Corte costituzionale, Torino, Giappichelli, ultima edizione; b) A.A. CERVATI, S.P. PANUNZIO, P. RIDOLA, Studi sulla riforma costituzionale. Itinerari e temi per l’innovazione costituzionale in Italia, Torino, Giappichelli, 2001, only pages 1-191; c) A. BALDASSARRE, voci “Diritti inviolabili” e “Diritti sociali”, in Enciclopedia giuridica, Roma, Istituto della Enciclopedia italiana, vol. XI, 1989, rispettivamente pages 1-43, pp. 1-34; d) E. OLIVITO, Il diritto costituzionale all’abitare: spunti teorico-dogmatici e itinerari giurisprudenziali, in Politica del diritto, 3/2016, pages 337-422; e) E. OLIVITO, (Dis)eguaglianza, città e periferie sociali: la prospettiva costituzionale, in Eguaglianza e discriminazioni nell’epoca contemporanea, Napoli, Editoriale scientifica, 2021, pp. 555-637; f) F. PIZZOLATO, Città e diritti fondamentali: le ambivalenze della politicità dei diritti, in Istituzioni del federalismo, n. 1/2022, pp. 155-186.

Attendance is not mandatory. For attending students, discussions or study groups will be organized in presence.

Oral final examination on the syllabus as resulting from the textbooks indicated. For the purposes of the final assessments, the following elements will be taken into consideration: positive assessment of the participation in study groups (for attending students); presentation and critical reasoning skills, legal language skills (for all students).

The course will take place in presence. The e-learning website of Sapienza and the interactive involvement of attending students through study groups or discussions on current issues will support the frontal teaching.

From the perspective of the historical study of constitutional law, which is necessary for critical reflection, the legal status of the citizen proves to be the meeting point between the political order, individuals and their rights and duties. Over time, conceptions of the subject of law, the relationship between the individual and authority, and the advantages and burdens arising from a subject's membership of a given order have profoundly changed. In particular, from the post-World War II period to the present day, the relationships between these elements have become progressively more complicated: the relationship between subject and order has been radically rethought, the sphere of citizenship has expanded and the rights/duties attached to it have increased. At the same time, the tension between the rights of the human being and the rights of the citizen, between universality and particularism of rights (and duties) has been rekindled, and the processes of European integration have profoundly transformed traditional conceptions of ‘citizen’ and ‘foreigner’. In turn, these changes call into question the existing disciplines of citizenship, its criteria of attribution and the traditional paradigms of citizenship as belonging and as entitlement to rights/duties. The course aims to investigate the dynamics mentioned above from a threefold point of view. The first part of the course will be devoted to reconstructing the main representations of the ‘citizen’, of his relations with the political order and of his rights/duties that have succeeded one another over time and in different legal contexts. The second part of the course will delve into the general theoretical framework of constitutional rights/duties: the theoretical paradigms of reference, the main classifications of these subjective legal situations, the limits of rights and the instruments of their protection. The third part of the course will be devoted to an in-depth study of the framework of rights/duties in the Italian Constitution and their current relationship with citizenship, taking into account regulatory and jurisprudential developments and the reflections of scholars who have dealt with the subject from different angles. Finally, in-depth meetings and seminars will be organised, also with experts in the field, to which those attending the course will be invited. The necessary material will be indicated during the lectures. Participation in the seminars will be taken into account in the final assessment.

In order to attend the course and take the examination, it is necessary to have already taken the examination and acquired the fundamentals of Institutions of Public Law

In order to take the exam, it is necessary to have studied all of the following texts: - F. Rigano e M. Terzi, Lineamenti dei diritti costituzionali, II ed. Milano, Franco Angeli, 2022 - P. Costa, Cittadinanza, Roma-Bari, Laterza, 2005 - The parts of the textbook studied for the Institutions of Public Law examination deal with the fundamental principles of the Italian Constitution, constitutional revision (procedure and limits), the Constitutional Court and constitutional rights and duties. Consultation of the Constitution is also necessary for the preparation of the examination. Further doctrinal and jurisprudential material may be indicated in the course of the lectures

Attendance at the course is not compulsory, but strongly recommended.

oral questioning on issues related to the examination programme

The course is structured on face-to-face teaching, with constant stimulation of active student participation. Seminars will be held by scholars who have explored the various profiles covered by the course. Finally, students will be advised of scientific or cultural initiatives related to the topics addressed.