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Author: Vittoria Barsotti
Publisher: Routledge
ISBN: 1000217310
Category : Law
Languages : en
Pages : 290
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Book Description
This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.
Author: Vittoria Barsotti
Publisher: Routledge
ISBN: 1000217310
Category : Law
Languages : en
Pages : 290
Get Book Here
Book Description
This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.
Author: Alessandro Pizzorusso
Publisher: BRILL
ISBN: 9004633650
Category : Law
Languages : en
Pages : 178
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Book Description
Italian Studies in Law is a new yearbook containing a selection of studies on Italian Law edited by the Italian Association of Comparative Law. Each volume will include essays on private law, public law, procedural law and other judicial disciplines that are of interest to jurists in other countries, which will allow them to form an opinion on developments in the study of law conducted in Italian legal faculties.
Author: Oreste Pollicino
Publisher: Routledge
ISBN: 1317407997
Category : Law
Languages : en
Pages : 273
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Book Description
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the lens of constitutional adjudication, developing an analysis of Courts’ argumentation. The volume examines the gradual consolidation of a "constitutional core" of internet law at the supranational level. It addresses the European Court of Human Rights and the Court of Justice of the European Union case law, before going on to explore Constitutional or Supreme Courts’ decisions in individual jurisdictions in Europe and the US. The contributions to the volume discuss the possibility of the "constitutionalization" of internet law, calling into question the thesis of the so-called anarchic nature of the internet.
Author: Valerio Onida
Publisher: Kluwer Law International B.V.
ISBN: 9403507152
Category : Law
Languages : en
Pages : 666
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Italy provides essential information on the country’s sources of constitutional law, its form of government, and the framework of fundamental rights and guarantees established by the Constitution. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the powers concerning the armed forces, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Italy will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Author: Gabriella Citroni
Publisher: Routledge
ISBN: 1000517926
Category : Law
Languages : en
Pages : 440
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Book Description
This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the “democratic argument,” that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters’ participation in the countries under their jurisdiction. To this end, an original dataset including the 47 Member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics, and policy-makers working in the areas of constitutional law, international human rights law, and political economy.
Author: Georg Nolte
Publisher: Walter de Gruyter
ISBN: 9783899490312
Category : Law
Languages : en
Pages : 944
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Book Description
The German Ministry of Defense decided in 2000 to commission a study comparing various European systems of military law. The present book contains not only the original study but also all national reports in English. It provides a comparative analysis of different European military law systems on the basis of national reports.
Author: Gianfranco Pasquino
Publisher: Routledge
ISBN: 1351401084
Category : Political Science
Languages : en
Pages : 193
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Book Description
This textbook, from one of Italy’s most eminent scholars, provides broad coverage and critique of Italian politics and society. Providing the readers with the knowledge necessary to understand the working of the Italian political system, it also offers answers to some of the most important challenges facing the country – and other contemporary democracies – today, such as populism, anti-politics and corruption. Critical but underpinned by thorough data and analysis, it presents alternative views alongside the author’s interpretation. Crucially, the book uses a comparative framework to explain Italy’s transformation and evaluate its performance. Comparing the rules, institutions, parties and actors at work in the most important European political systems – France, Germany, Great Britain – with those in Italy, the Italian context is better understood and assessed in contrast. This text will be essential reading for students and scholars of Italian politics and European politics, and more broadly for comparative politics and democracy.
Author: Giacomo Delledonne
Publisher: Springer Nature
ISBN: 3030374017
Category : Political Science
Languages : en
Pages : 317
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Book Description
This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.
Author: Comite, Ubaldo
Publisher: IGI Global
ISBN: 1668460459
Category : Medical
Languages : en
Pages : 439
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Book Description
Over the years, the complexity of health systems has grown due to the continuous and constant introduction of new technologies—process, production, and organizational—which have increased the number of stakeholders involved, creating new relationships and new channels through which the various subjects interact. It is necessary to highlight the critical issues and opportunities relating to the innovation of the organization and governance of health services as well as the complementarity of management and leadership. The new health needs require a Copernican revolution in the organization of services: not only offering individual services but also effective permanent care of the patient within institutional and professional assistance networks and effective, efficient, and appropriate pathways. This requires that on an organizational and managerial level, the internal relationships between the branches of the healthcare companies must be reviewed and closer relationships built with the managing bodies of the social and welfare services. The Handbook of Research on Complexities, Management, and Governance in Healthcare proceeds with a reasoned reconstruction of healthcare issues through the problems connected to the complexities, management, and governance in healthcare in light of the recent COVID-19 pandemic. It discusses both the ethical side of health and the economic, organizational, and legal content. Covering topics such as healthcare innovation, taxation for public health, and waste disposal, this major reference work is a comprehensive resource for healthcare administration, directors, executive boards, lawyers, sociologists, government officials and policymakers, students and faculty of higher education, libraries, researchers, and academicians.
Author: Annalisa Volpato
Publisher: Routledge
ISBN: 1000563464
Category : Law
Languages : en
Pages : 327
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Book Description
The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured, and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies.
