ECCLESIASTIC LAW
Good knowledge of constitutional law and civil law. Good knowledge of modern-contemporary history.
For students attending classes: written examination.
For students not attending classes: oral examination.
Ability to understand the dynamics of the law in relation to the multi-faceted right of religious freedom. Ability to articulate the interpretation of fundamental legal principles in matter of religious freedom together with the analysis of legislation on specific topics, within a historical framework, understanding the main transformations of Italian law concerning the right of religious freedom. Ability to understand the delicate relationship between legislation, case-law and administrative practice and the role of State law (with its different legal formants) in a context of legal pluralism.
Seventeen lessons, three hours each, for a total of 51 hours.
In the 2017-2018 a. y. the following topics will be discussed:
1) Introduction to legal pluralism and the right to religious freedom;
2) The models of religious freedom: form the international legal order to the Italian model
3) The constitutional Italian pattern of religious freedom
4) The art. 19 Const. and its limits;
5) The kirpan case
6) The refusal of blood transfusion
7) The art. 8, 2 Const.: “confessional autonomy” and the case of the circumcision
8) Religious confessions, associations, admitted cults: the Italian pyramids of cults;
9) The art. 8, 3 Const.: the agreement between state and religious denominations
10) The Concordatarian model: the art. 7 Const.
11) The art. 8, 1 Const. and the places of worship
12) The Financing of religious freedom
13) Religious education in state schools
14) Religious marriages (first part)
15) Religious marriages (second part)
16) The principle of laicità: between constitution and society
17) Quaestiones quodlibetales
For students attending classes:
- Alessandro Ferrari, La libertà religiosa in Italia. Un percorso incompiuto. Carocci, Roma 2013;
- Materials uploaded on the e-learning platform
For students non attending classes, both these texts:
- Alessandro Ferrari, La libertà religiosa in Italia. Un percorso incompiuto. Carocci, Roma 2013;
- Giuseppe Casuscelli (ed.), Nozioni di diritto ecclesiastico, Giappichelli, Torino, latest edition.
Classes will be held in two main ways: lectures (giving the overall framework on the different subjects) and seminars/group works held between the students (analyzing documents and court cases on specific topics). All lessons are integrated with the help of audio-videos, Power Points presentations and others materials, all regularly uploaded within the e-learning page of the course.