Domande d'esame VERIFICATO
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- Fundamentals of Constitutional Law:
- Covers representation, the distinction between jusnaturalism and juspositivism, and key aspects of modern constitutional history.
- Examines different forms of State and Government, the Albertine Statute, and the Fascist period.
- Analyzes the history of Republican legislatures and constitutional periodization.
- The Italian Constitution:
- Detailed review of crucial articles: 1-12 (fundamental principles), 13-27 (personal liberties), 29-30, 32-34 (social rights), 35-40 (labor rights), 48-51 (political rights), 52-54 (duties).
- Explores the division of the Constitution and the concepts of formal, material, structural, and functional constitution.
- Sources of Law and Normative Conflicts:
- Addresses who produces law in the Italian system and the distinction between sources on and of the production of law.
- Discusses sources from constituent power, State apparatus, and State ordinance, including extra ordinem sources.
- Defines antinomies and criteria for their resolution: chronological, hierarchical (lex superior), competence, specialty, and abrogation.
- Covers the legislative reserve.
- Legal Interpretation:
- Explores various approaches: cognitivism vs. skepticism, historical, evolutionary, analogical, authentic, judicial, and scientific interpretation.
- Electoral System:
- Defines electoral systems and differentiates between proportional and majoritarian formulas.
- Explains natural and corrected quotients, threshold clauses, and majority bonuses.
- Details single-member vs. multi-member constituencies, preference voting, and blocked lists.
- Traces the evolution of the Italian electoral system, including reforms pre-2014, post-2015, and post-2017 Constitutional Court rulings.
- Parliament:
- Describes the characteristics of the Chambers, legislative duration, and dissolution.
- Covers parliamentary immunity, organs, commissions, deliberations, and regulations.
- Analyzes ordinary and constitutional legislative functions, and the role of policy-making and control.
- Government:
- Outlines governmental functions, structure, formation, and crisis management.
- Examines ministerial responsibility and governmental acts (non-legislative force).
- Details the normative function, including decree-laws, legislative decrees, and governmental regulations.
- President of the Republic:
- Focuses on the President's characteristics, functions, and the nature of presidential acts (substantially presidential, governmental, or complex).
- The Judiciary:
- Discusses jurisdictional activity, the historical role of judges, the unity of jurisdiction, and judicial independence.
- Covers the High Council of Judiciary (CSM), the principle of fair trial, and the distinction between ordinary and special jurisdictions (administrative, Court of Accounts, military tribunals).
- Regional and Local Autonomies:
- Highlights differences in territorial autonomies before and after reforms.
- Details regional and municipal bodies (council, executive, president/mayor, councillors).
- Explores statutory, legislative (Title V reform), regulatory, and administrative functions.
- Addresses financial autonomy of regions and fiscal federalism.
- International and European Union Law:
- Examines international customs, treaties, and their internal efficacy in Italian law.
- Covers key European treaties (CECA, CEE, EURATOM) and the Maastricht Treaty (EC, CFSP, JHA, monetary union).
- Discusses EU organs, acts, and antinomies between national law and EU acts.
- Constitutional Justice:
- Defines constitutional justice and the functions of the Constitutional Court.
- Explains indirect/incidental and direct/principal control of constitutionality.
- Analyzes different types of Constitutional Court decisions (acceptance, rejection) and their impact on legal dispositions and norms.
- Addresses criminal constitutional justice.
- Other Topics:
- Includes the roles of the UN and ECHR, and the relationship between Church and State.