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Managing Uncertainty
Chronology of Italian political events, 2009 / compiled by Rinaldo Vignati -- Introduction : managing uncertainty / Marco Giuliani and Erik Jones -- Berlusconi, sex, and the avoidance of a media scandal / Stephen Gundle -- The Partito Democratico : a troubled beginning / Chris Hanretty and Alex Wilson -- European elections in Italy and Europe / Enrico Calossi and Luciano Bardi -- The balance of the coalition / Elisabetta De Giorgi -- The G8 in Italy between politics and protest : a case of success? / Massimiliano Andretta and Nicola Chelotti -- Italian foreign policy and the Obama administration : between new opportunities and constraints / Emiliano Alessandri -- The same old film : the neve...
New Challenges to the Separation of Powers
This insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems.
Data Protection and Privacy Under Pressure
Since the Snowden revelations, the adoption in May 2016 of the General Data Protection Regulation and several ground-breaking judgments of the Court of Justice of the European Union, data protection and privacy are high on the agenda of policymakers, industries and the legal research community. Against this backdrop, Data Protection and Privacy under Pressure sheds light on key developments where individuals’ rights to data protection and privacy are at stake. The book discusses the persistent transatlantic tensions around various EU-US data transfer mechanisms and EU jurisdiction claims over non-EU-based companies, both sparked by milestone court cases. Additionally, it scrutinises the expanding control or surveillance mechanisms and interconnection of databases in the areas of migration control, internal security and law enforcement, and oversight thereon. Finally, it explores current and future legal challenges related to big data and automated decision-making in the contexts of policing, pharmaceutics and advertising.
Politics of the Islamic Tradition
Over the last two centuries the Muslim world has undergone dramatic transformations, impacting the Islamic tradition and throwing into question our understanding of tradition. The notion of tradition as an unmoving edifice is contradicted by the very process of its transmission, and the complex role human beings play in creating and sustaining traditions is evident in the indigenous mechanisms of change within the Islamic tradition. Politics of the Islamic Tradition locates the work of Egyptian cleric Muhammad al-Ghazali within the context of this dynamic Islamic tradition, with special focus on his political thought. Al-Ghazali inherited a vast and diverse heritage which he managed to reint...
US Hard Power in the Arab World
Neither stability nor change in the post-colonial Arab world can be fully understood without considering the international context, and American Foreign policy in particular. However, the exact nature of America’s presence in the Arab world, and the scope and modes of its influence, all appear to have reached a crossroads since the Arab uprisings. ‘US Hard Power in the Arab World’ traces the US’s "power of persuasion" in the Arab Middle East from the onset of the War on Terror in 2001 through to the Arab Spring. With a particular focus on Syria, the book explores the limits of an American "smart power" amid the emergence of a growing indigenous "soft power" whose ire is directed not ...
Political and Constitutional Transitions in North Africa
The transformations which are taking place in the Arab world are dynamic processes characterised by a number of variables that one can refer to as actors and factors. The implications of the Arab uprisings are important for the world at large; the Arab world’s successes, and failures, at this crucial moment may well serve as a model for other nations. Political and Constitutional Transitions in North Africa focuses on five Northern African countries- Tunisia, Egypt, Morocco, Libya and Algeria- examining specific institutions and actors participating in the political upheavals in North Africa since 2011, and placing them in a comparative perspective in order to better understand the process...
Judges as Guardians of Constitutionalism and Human Rights
There are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts’ legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms. This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
Italy Reborn: From Fascism to Democracy
A brilliant, meticulously researched account of the birth of Italian democracy after Mussolini. The rebirth of Italy after the Second World War is one of the most impressive political transformations in modern European history. In 1945, post-fascist Italy was devastated by war, and its reputation in the international arena was nil. Yet by December 1955, when Italy was admitted to the United Nations, the nation had contested three acrimonious but free general elections, had a flourishing press, and was a leader in the rebuilding of Europe. This is the dramatic story told by Italy Reborn. It charts the descent of Italy into Fascism, the scale of the wartime disaster, the Italian resistance to ...
The Culture of Judicial Independence
The Culture of Judicial Independence: Rule of Law and World Peace, is the third book by Shimon Shetreet on Judicial Independence. The first was Judicial Independence: The Contemporary Debate (edited by Shimon Shetreet and Jules Deschênes, Nijhoff,1985). The second was The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (Edited by Shimon Shetreet and Christopher Forsyth, Nijhoff, 2012). This volume contains essays by senior academics, judges and practitioners across jurisdictions offering an analysis of several central issues relative to the culture of Judicial Independence. These include judicial review, human rights, democracy, the rule of law and world pe...
The EU Constitution in Time of War
Russia's illegal aggression against Ukraine has been a watershed moment for the European Union (EU). The return of large-scale conventional warfare to the European continent, unseen since the Second World War, shattered the illusion of perpetual peace and forced the EU to confront the reality of hard power. Originally created to maintain internal peace, the EU was never conceived to handle the challenges of war. Yet, the war in Ukraine required the EU to repurpose its machinery of government to do just that. Embracing a comparative analytical framework, this book examines how the EU constitution has functioned in response to Russia's aggression. It scrutinizes the EU's legal reactions across...
