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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.
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.
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.
The Max Planck Handbooks in European Public Law series describes and analyzes the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration render legal comparison the task of our time for both scholars and practitioners, the project aims to foster a better understanding of the specific European legal pluralism and, ultimately, to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this endeavour wi...
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.
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.
How sub-national constitutions influence constitutional change and adaptation in federations.
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.
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...