CONSTITUTIONAL JUSTICE AND DEMOCRACY Single channel

Chair (Coordinator) and Rapporteur: PAOLO MEZZANOTTE

Lecturers

Learning outcomes

At the end of the course, students will have developed an awareness of the significance of constitutional justice in a democratic system and of its particular political legitimacy. They will have acquired an in-depth knowledge of the functions of the Constitutional Court and of the techniques through which these functions are carried out. Students will also gain an understanding of the relationship between the Constitutional Court and the national and supranational judicial systems, with particular regard to the European Court of Human Rights and the Court of Justice of the European Union.

Prerequisites

It is recommended to review the chapter of the Public Law Institutions textbook concerning the Constitutional Court.

Programme

1. Historical origins of constitutional justice. Models of constitutional justice. The genesis of the Italian Constitutional Court.
2. Composition, organization and functioning of the Constitutional Court
3. Judicial review of legislation through incidental proceedings
4. Judicial review of legislation through principal proceedings
5. Conflicts of powers between branches of government
6. Conflicts of powers between public entities
7. Review of the admissibility of abrogative referendums
8. Proceedings concerning charges against the President of the Republic
9.The Constitutional Court and the form of government
10.The Constitutional Court and the European Courts

Books

E. Malfatti, S. Panizza, R. Romboli, Giustizia costituzionale, Giappichelli, Torino, Ultima edizione

Lessons mode

Teaching will be conducted through face-to-face lectures. Given the relevance of the topics and the interest generally aroused by the subjects covered, interactive dialogue with students is generally encouraged

Frequency

Attendance is recommended. Students who attend classes generally have less difficulty in mastering the technical aspects of the constitutional justice course

Exam mode

The oral examination generally consists of three questions concerning the topics covered in the course

Example exam questions

Models of constitutional justice
Types of decisions of the Constitutional Court
Review of the admissibility of referendums

Arguments

  • 1. Historical origins of constitutional justice. Models of constitutional justice. The genesis of the Italian Constitutional Court.2. Composition, organization and functioning of the Constitutional Court3. Judicial review of legislation through incidental proceedings4. Judicial review of legislation through principal proceedings5. Conflicts of powers between branches of government6. Conflicts of powers between public entities7. Review of the admissibility of abrogative referendums8. Proceedings concerning charges against the President of the Republic9.The Constitutional Court and the form of government10.The Constitutional Court and the European Courts
    • Books: E. Malfatti, S. Panizza, R. Romboli, Giustizia costituzionale, Giappichelli, Torino, Ultima edizione

Sustainability goals

  • Goal4
  • Goal5
  • Goal16
  • Academic year2026/2027
  • Degree program to which the course belongsInternational Relations and Supranational Institutions
  • Lesson code10607064
  • Year and semester2nd year - 2nd semester
  • Activity typeAttività formative affini ed integrative
  • Academic areaAttività formative affini o integrative
  • SSDIUS/09
  • Mandatory presenceNo
  • Languageita
  • CFU9 CFU
  • Total duration63 hours
  • Hours distribution63 classroom hours