Constitutional Justice
A.Y. 2025/2026
Learning objectives
The student shall acquire:
- the knowledge of constitutional principles, practical issues and court rulings related to the sources of law, their evolution and their interrelationships;
- the ability to apply the theoretical knowledge acquired to the resolution of specific case law, finding appropriate solutions for controversial issues, particularly in relation to conflicts between laws within the Italian legal system and in its interactions with other legal systems;
- the capacity to express notions and opinions correctly, using the appropriate legal terminology and avoiding contradictions;
- the ability to analyze specific topics in constitutional law, concerning both Italian and supranational sources of law, as well as the ability to independently identify and study legal materials, case law, and the most relevant scientific texts.
- the knowledge of constitutional principles, practical issues and court rulings related to the sources of law, their evolution and their interrelationships;
- the ability to apply the theoretical knowledge acquired to the resolution of specific case law, finding appropriate solutions for controversial issues, particularly in relation to conflicts between laws within the Italian legal system and in its interactions with other legal systems;
- the capacity to express notions and opinions correctly, using the appropriate legal terminology and avoiding contradictions;
- the ability to analyze specific topics in constitutional law, concerning both Italian and supranational sources of law, as well as the ability to independently identify and study legal materials, case law, and the most relevant scientific texts.
Expected learning outcomes
At the end of the course, students who have successfully learned the subject will have an in-depth knowledge of the topics covered. They will also have acquired the ability to apply constitutional principles to the field of legal sources, particularly in solving specific cases through the identification of applicable sources, the interpretation of rules, and the resolution of conflicts and antinomies.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
6 CFU - Attending students
The course aims at delve into the study of the system of constitutional justice with a specific focus on the Constitutional Court's scrutiny on the constitutional legitimacy of the laws so-called "in via incidentale".
The course will be structured into frontal lessons, dedicated to the theoretical examination of the judgement "in via incidentale" and of its main features, and in practical activities based on the Constitutional Court's case-law analysis. Students will be directly engaged in the course through exercises on an assigned case.
The following topics will be examined:
a) the legitimacy to appeal to the Italian Constitutional Court; the relevance of the issues of the constitutional issues; thema decidendum, with attention to the relationship between the Italian Constitutional Court and common judges;
b) the judgment before the Court: the procedure; the subjects of the trial; the instructive powers;
c) the typology of the Court's decisions, with particular regard to interpretative and manipulative techniques;
d) the effects of constitutional decisions.
The course aims at delve into the study of the system of constitutional justice with a specific focus on the Constitutional Court's scrutiny on the constitutional legitimacy of the laws so-called "in via incidentale".
The course will be structured into frontal lessons, dedicated to the theoretical examination of the judgement "in via incidentale" and of its main features, and in practical activities based on the Constitutional Court's case-law analysis. Students will be directly engaged in the course through exercises on an assigned case.
The following topics will be examined:
a) the legitimacy to appeal to the Italian Constitutional Court; the relevance of the issues of the constitutional issues; thema decidendum, with attention to the relationship between the Italian Constitutional Court and common judges;
b) the judgment before the Court: the procedure; the subjects of the trial; the instructive powers;
c) the typology of the Court's decisions, with particular regard to interpretative and manipulative techniques;
d) the effects of constitutional decisions.
Prerequisites for admission
In order to attend the course, students are required to have successfully passed the exams of Constitutional law and of Private law.
Teaching methods
The course will be structured into frontal lessons and practical activities. Students will be directly engaged in pending questions of constitutionality, practical exercises and judicial acts.
Teaching Resources
Students shall choose one of the following books:
1) E. Malfatti - S. Panizza - R. Romboli, Giustizia costituzionale, Torino, Giappichelli, last ed. available;
2) V. Onida; M. D'Amico, Il giudizio di costituzionalità delle leggi in via incidentale, Torino, Giappichelli, 2025
The decisions of the Constitutional Court are available on:
www.cortecostituzionale.it or www.giurcost.org.
For an overview of the most recent trends in the constitutional jurisprudence, reports can be readily read in the annual press conferences of the President of the Court, available on www.cortecostituzionale.it, Documentation section.
1) E. Malfatti - S. Panizza - R. Romboli, Giustizia costituzionale, Torino, Giappichelli, last ed. available;
2) V. Onida; M. D'Amico, Il giudizio di costituzionalità delle leggi in via incidentale, Torino, Giappichelli, 2025
The decisions of the Constitutional Court are available on:
www.cortecostituzionale.it or www.giurcost.org.
For an overview of the most recent trends in the constitutional jurisprudence, reports can be readily read in the annual press conferences of the President of the Court, available on www.cortecostituzionale.it, Documentation section.
Assessment methods and Criteria
Attending students will be evaluated accordingly to the exercises assigned during the course.
Practical exercises will consist of:
- the analysis of a pending question of constitutionality, by looking at the description of the case which gave rise to the question itself; the legitimacy of the referring court; the requirements of the "rilevanza", the "non manifesta infondatezza", the "interpretazione costituzionalmente conforme" (interpretation in the light of the Constitution); the exact identification of the thema decidendum;
- the draft of an judicial act of constitution on behalf of the party or an act of intervention by a third party or by an amicus curiae;
- the draft of a research index of the assigned question of constitutionality;
- the drafting of an hypothetical decision of the Constitutional Court on the assigned question of constitutional legitimacy.
The final grade will be given considering attendance, the drafting of the research index, the act, individual exercises and the final colloquium.
For non-attending students, the exam will consist of an oral exam.
Erasmus students: no specific program.
Practical exercises will consist of:
- the analysis of a pending question of constitutionality, by looking at the description of the case which gave rise to the question itself; the legitimacy of the referring court; the requirements of the "rilevanza", the "non manifesta infondatezza", the "interpretazione costituzionalmente conforme" (interpretation in the light of the Constitution); the exact identification of the thema decidendum;
- the draft of an judicial act of constitution on behalf of the party or an act of intervention by a third party or by an amicus curiae;
- the draft of a research index of the assigned question of constitutionality;
- the drafting of an hypothetical decision of the Constitutional Court on the assigned question of constitutional legitimacy.
The final grade will be given considering attendance, the drafting of the research index, the act, individual exercises and the final colloquium.
For non-attending students, the exam will consist of an oral exam.
Erasmus students: no specific program.
Professor(s)