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Foundations of Italian Public Law
  • Language: en

Foundations of Italian Public Law

  • Categories: Law
  • Type: Book
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  • Published: 2023-10-17
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  • Publisher: Giappichelli

This book is aimed at presenting in English the main aspects of the Italian Public Law to domestic and international audience. This demands a new approach, departing from the traditional perspective of the Italian legal doctrine. For that reason, it proposes a journey through the Italian legal system, along two main dimensions: comparative dialogue and historical perspective. First of all, although the focus of the book is on Italian law, the comparative perspective is pervasive. Using the English language to present Italian and rules implies a continuous comparison. Italy is considered not “the” case-study, but rather “a” case-study. It is an example of a broader legal family, which corresponds to that of post-World War II liberal-democracies. Secondly, an historical perspective is also necessary, so as to frame existing Italian law within the many events and regimes of Italy’s recent history. The book is organised in two parts. The first part deals with the State and its evolutionary patterns, including rights and freedom. The second part is dedicated to the form of government, including the sources of law.

The Use of Foreign Precedents by Constitutional Judges
  • Language: en
  • Pages: 470

The Use of Foreign Precedents by Constitutional Judges

  • Categories: Law

In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place b...

European Constitutional Language
  • Language: en
  • Pages: 531

European Constitutional Language

  • Categories: Law

Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.

100 Years of Modern Territorial Autonomy - Autonomy around the World
  • Language: en
  • Pages: 316

100 Years of Modern Territorial Autonomy - Autonomy around the World

  • Type: Book
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  • Published: 2023-02-15
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  • Publisher: LIT Verlag

An unclouded look at territorial autonomy back and forward, 100 years after the establishment of the first "modern" territorial autonomy in a democratic state: the Åland Islands in Finland in 1921/22. Where has autonomy been successful to ensure minority protection and self-government, where has it failed, where is it in crisis, where is it aspired to? In which cases would autonomy settle open conflicts between states and regional communities, and in which cases of national emancipation is autonomy no longer sufficient? In 2021, after 100 years of experience with territorial autonomy in all parts of the world, this concept for solving sub-state conflicts is still underestimated. Background ...

Three Generations of European Constitutional Courts in Transition to Democracy
  • Language: en
  • Pages: 261

Three Generations of European Constitutional Courts in Transition to Democracy

  • Categories: Law

A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.

The Constitutional Law of Bangladesh
  • Language: en
  • Pages: 439

The Constitutional Law of Bangladesh

  • Categories: Law

This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives. This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Banglad...

Teaching International Law
  • Language: en
  • Pages: 530

Teaching International Law

  • Categories: Law
  • Type: Book
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  • Published: 2023-12-18
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  • Publisher: BRILL

Teaching International Law is a topic of great importance in international law academia. In the past renowned international lawyers and research institutions have dealt with this matter. This book brings together a larger number of established international lawyers who not only present the state of the art of this discipline but also their own vision and perspective. Traditionally, teachers of international law had considerable influence on the development and the understanding of this subject. The international legal system has profoundly changed but in time of enormous challenges for the survivel of mankind the voice of the teachers should again be heard.

Rule of Law, Human Rights and Judicial Control of Power
  • Language: en
  • Pages: 446

Rule of Law, Human Rights and Judicial Control of Power

  • Categories: Law
  • Type: Book
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  • Published: 2017-05-16
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  • Publisher: Springer

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a...

Comparative Constitutional Reasoning
  • Language: en
  • Pages: 867

Comparative Constitutional Reasoning

  • Categories: Law

A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.

Asian Constitutionalism in Transition
  • Language: en
  • Pages: 391

Asian Constitutionalism in Transition

  • Categories: Law

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