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Italian Populism and Constitutional Law
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.
Constitutional Courts and Democratic Values
Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.
Benedetto Croce and the Birth of the Italian Republic, 19431952
As president of the Italian Liberal Party, Benedetto Croce was one of the most influential intellectuals involved in Italian public affairs after the fall of Mussolini. Placing Croce at the centre of historical events between 1943 and 1952, this book details his participation in Italy's political life, and his major contributions to the rebirth of Italian democracy. Drawing on a great amount of primary material, including Croce's political speeches, correspondences, diaries, and official documents from post-war Italy, this book illuminates the dynamic and progressive nature of Croce's liberalism and the shortcomings of the old Liberal leaders. Providing a year-by-year account of Croce's initiatives, author Fabio Fernando Rizi fills the gap in Croce's biography, covering aspects of his public life often neglected, misinterpreted, or altogether ignored, and restores his standing among the founding fathers of modern Italy.
Ex-Ministers as Constitutional Judges
The appointment of former politicians to constitutional courts is a global phenomenon. While ex-politician appointees may bring status, visibility, knowledge, and political awareness to the job, their previous roles may influence their assessment of legislations' constitutionality. Ex-Ministers as Constitutional Judges sheds light on this practice in four of the world's oldest and most established constitutional courts: Austria, France, Germany, and Italy. Weaving together legal, political, sociological, and historical sources, including press articles, surveys, and interviews with constitutional judges and high-level personnel, the book provides the first comprehensive exploration of ex-pol...
Constitutional Dynamics in Federal Systems
How sub-national constitutions influence constitutional change and adaptation in federations.
The Political Economy of Italy's Decline
Italy is a country of recent decline and long-standing idiosyncratic traits. A rich society served by an advanced manufacturing economy, where the rule of law is weak and political accountability low, it has long been in downward spiral alimented by corruption and clientelism. From this spiral has emerged an equilibrium as consistent as it is inefficient, that raises serious obstacles to economic and democratic development. The Political Economy of Italy's Decline explains the causes of Italy's downward trajectory, and explains how the country can shift to a fairer and more efficient system. Analysing both political economic literature and the history of Italy from 1861 onwards, The Politica...
Copyright and Fundamental Rights in the Digital Age
This timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU’s legal framework for the protection and enforcement of copyright.
Mi Fu
Mi Fu was a prominent calligrapher in 11th-century China. This analysis of his work considers content and style, and examines his calligraphy within the framework of the artist's life, the Northern Song culture in which he lived and the literati theory of art he helped to formulate.
The Legitimacy of European Constitutional Orders
The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, which takes into consideration the national constitutional trajectories of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the conceptual tools needed to undertake comparative reconstruction and assessment of national and supranational constitutional developments in the European context.
Principles and Practices of Fiscal Autonomy
This century has seen the continuation of long-term trends in the movement of the territorial boundaries of nation states alongside the emergence of new tensions. The repercussions of the Scottish referendum and the heightened urgency of the Catalonia question along with the continued economic problems faced by the Eurozone have given new energy and context to debates on institutional and fiscal autonomy. Assessing the impact of increasing calls for wider fiscal autonomy in the UK, Spain, Switzerland, Argentina, Brazil, Germany, Italy and the USA this volume updates and adds significant new context to the debate. Framing the discussion on fiscal autonomy and drawing out ethical considerations it portrays the problems connected with the devolution of responsibilities and financial resources to sections of the population, sometimes content to be part of a lower layer of government, sometimes aspiring to an asymmetrical position or total independence.
