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Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from ...
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 acce...
This book discusses the speeches in which the Pope Emeritus Benedict XVI reflected most explicitly on law, justice, democracy, and reason, along with the commentary from a number of distinguished legal scholars. Collectively, these addresses formulate a series of core ideas for a "public teaching" on the topic of justice and law.
This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.
A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a bl...
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.
This book explores the philosophical, legal, and theological roots of Western multiculturalism, that is, the encounter and coexistence of different cultures within a liberal society. Rather than concerning themselves with the particulars of cultural dialogue, the authors of this volume go deeper and question the very reality of "multiculturalism" itself. The contributors represent different cultures and faith traditions but are united in friendship and in the conviction that the Christian faith enables an authentic approach to long-standing debates on multiculturalism. (Publisher).
This volume, now available in English, explores how Mesopotamia’s urban revolution in the late fourth millennium B.C. shaped a new mentality, leading to new forms of social interaction, and to the development of the state, its laws and its religion to consolidate new managerial hierarchies in the region. How is it that the phenomenon of the state, a society structured along lines of power that frame individuals in a new supra-organism, suddenly came into being during the fourth millennium B.C.? In this book, Buccellati explores the emergence of statehood and power structures in ancient Mesopotamia against the background of the long prehistoric period. It was the arena in which the earliest...
An indispensable guide to how marriage acquired the status of a sacrament. This book analyzes in detail how medieval theologians explained the place of matrimony in the church and her law, and how the bitter debates of the sixteenth century elevated the doctrine to a dogma of the Catholic faith.