Download or read book Constitutional Law in Italy written by Valerio Onida and published by Kluwer Law International B.V.. This book was released on 2024-06-17 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Italy provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Italy will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

Download or read book A History of International Law in Italy written by Giulio Bartolini and published by Oxford University Press. This book was released on 2020-04-02 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume critically reassesses the history and impact of international law in Italy. It examines how Italy's engagement with international law has been influenced and cross-fertilized by global dynamics, in terms of theories, methodologies, or professional networks. It asks to what extent historical and political turning points influenced this engagement, especially where scholars were part of broader academic and public debates or even active participants in the role of legal advisers or politicians. It explores how international law was used or misused by relevant actors in such contexts. Bringing together scholars specialized in international law and legal history, this volume first provides a historical examination of the theoretical legal analysis produced in the Italian context, exploring its main features, and dissident voices. The second section assesses the impact on international law studies of key historical and political events involving Italy, both international and domestically; and, conversely, how such events influenced perceptions of international law. Finally, a concluding section places the preceding analysis within a broader, contemporary perspective. This volume weighs in on in the growing debate on the need to explore international law from comparative and local viewpoints. It shows how regional, national, and local contexts have contributed to shaping international legal rules, institutions, and doctrines; and how these in turn influenced local solutions.

Download or read book Reconsidering Constitutional Formation II Decisive Constitutional Normativity written by Ulrike Müßig and published by Springer. This book was released on 2018-05-25 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)

Download or read book A Social History of Administrative Science in Italy written by Andrea Rapini and published by Springer Nature. This book was released on 2023-01-01 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the origins, life and death of Administrative Science in Italy as an academic discipline between the nineteenth and twentieth centuries. It does so by combining the study of ideas, institutional history, intellectual history and social history. The Faculty of Law first introduced Administrative Science in 1875, with the aim of providing the elite with the necessary tools to distribute wealth more equally, to take care of the population and, thus, to make the young Italian State more legitimate in the eyes of the emerging masses. Law and social sciences were merged with the aim of increasing reforms, including that of creating a State of Happiness for all citizens. Throughout its 70-year existence, Administrative Science was deprived of its contents and scientific independence, and academically overshadowed by Administrative and Public law. Finally, although the liberal elites discarded the reformer project of Administrative Science even before Fascism turned everything upside down, most of the original traits of this knowledge were absorbed into Fascist corporate and totalitarian structures.

Download or read book The Oxford Handbook of Prosecutors and Prosecution written by Ronald F. Wright and published by Oxford University Press. This book was released on 2021 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial performance and the institutional structures that frame their behavior. The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric; legislatures' embrace of extreme sentencing ranges to respond to voter concerns; and the uncertain or limited accountability of prosecutors to other units of government, the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field. It offers an indispensable starting point for newcomers and a compelling synthesis for specialists and practitioners"--

Download or read book Audi Alteram Partem in Criminal Proceedings written by Stefano Ruggeri and published by Springer. This book was released on 2017-04-12 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.

Download or read book The Quest for Constitutionalism written by Hugh Corder and published by Routledge. This book was released on 2016-02-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power. To what extent has the vision of constitutionalism contained in the Constitution been realised? Primarily concerned with the impact of laws and the salience of their existence and enforcement for South Africans, the work highlights the importance of placing the constitutional regime in its historical, cultural, social, economic and political context. The book further recognises the importance of the South African constitutional provisions for transnational or globalised constitutionalism more broadly. It contains contributions from South African scholars, as well as European authors, bringing in new analytical angles and adding a specific comparative dimension. Through the prism of South Africa, the authors discuss the innovative character of constitutional and legal provisions in terms of both constitution-making and law-making processes and their contents. This book provides analysis that will be relevant to scholars, students and practitioners, specifically those interested in International Relations, Law, Sociology of Law, and African Studies, as well as socio-political comparative studies.

Download or read book Debating Divorce in Italy written by M. Seymour and published by Springer. This book was released on 2006-12-11 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: The popular referendum of 1974 which affirmed Italy's recently-won divorce law is widely regarded as a turning point in modern Italian history, but the long story behind that struggle has remained largely unfamiliar. Using the debates over divorce as a lens, this book is a study of the quest to modernize Italy, Italians, and Italian marriage.

Download or read book Nonreligion in Late Modern Societies written by Anne-Laure Zwilling and published by Springer Nature. This book was released on 2022-06-14 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents results from new and ongoing research efforts into the role of nonreligion in education, politics, law and society from a variety of different countries. Featuring data from a wide range of quantitative and qualitative studies, the book exposes the relational dynamics of religion and nonreligion. Firstly, it highlights the extent to which nonreligion is defined and understood by legal and institutional actors on the basis of religions, and often replicates the organisation of society and majority religions. At the same time, it displays how essential it is to approach nonreligion on its own, by freeing oneself from the frameworks from which religion is thought. The book addresses pressing questions such as: How can nonreligion be defined, and how can the “nones” be grasped and taken into account in studies on religion? How does the sociocultural and religious backdrop of different countries affect the regulation and representation of nonreligion in law and policymaking? Where and how do nonreligious individuals and collectives fit into institutions in contemporary societies? How does nonreligion affect notions of citizenship and national belonging? Despite growing scholarly interest in the increasing number of people without religion, the role of nonreligion in legal and institutional settings is still largely unexplored. This volume helps fill the gap, and will be of interest to students, researchers, policymakers and others seeking deeper understanding of the changing role of nonreligion in modern societies.

Download or read book Freedom of Religion A Comparative Law Perspective written by Grzegorz Blicharz and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on 2019 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of Religion. A Comparative Law Perspective consists of five chapters, looking at freedom of religion, particularly the display of religious symbols, in Poland, Italy, Hungary, and the United States. It provides a concise and very insightful look into the legal regimes of four nations, allowing reader to get a solid comparative view of public religious displays in these countries. Each chapter has sufficient depth and overall this edited volume will be a useful resource to scholars and jurists in this area. Dr. James C. Phillips, Stanford University’s Constitutional Law Center The presented volume leads to an in-depth reflection on the issue of the display of religious symbols in the public sphere, which is widely discussed today. Most of the articles prove that secularism of the contemporary state ruled by law targets Christian symbolism (cross, cradle, the Decalogue). Christian religious symbols shall always be inscribed in the temporal order, otherwise they have no chance to be displayed in the public sphere. In this way, the rights of Catholic believers, as one of the dominant religious groups, are restricted in the name of the protection of religious and areligious minorities. As a result, the aim is to bring about the actual equality of all religions and – ultimately – the final removal of the Christian tradition from Western culture. Against this background, Polish (as well as Hungarian and Italian) judicial decisions present a different approach, which – as the authors of the volume prove – presents a position in favour of the presence of religious symbolism in the public sphere. The multifaceted evaluation of the inconsistency, casuistry and nuance of the jurisprudence of the US Supreme Court is extremely creative and interesting. It allows to conclude that the jurisprudence of the US Supreme Court, which usually limits the presence of religious symbols in the public forum, has not yet become universally binding. The pluralism of philosophical and religious attitudes still constitutes the axiological core of American democracy. Prof. dr hab. Andrzej Dziadzio, Jagiellonian University in Kraków

Download or read book European Employment Policies written by Tania Bazzani and published by BWV Verlag. This book was released on 2018-04-09 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book SOCIAL RIGHTS IN EUROPE IN AN AGE OF AUSTERITY written by Stefano Civitarese Matteucci and published by Routledge. This book was released on 2017-08-07 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines the promise and limits of social rights in Europe in a time of austerity. Presenting in the first instance five national case studies, representing the biggest European economies (UK, France, Germany, Italy and Spain), it offers an account of recent reforms to social welfare and the attempts to resist them through litigation. The case studies are then used as a foundation for theory-building about social rights. This second group of chapters develops theory along two complementary lines: first, they explore the dynamics between social rights, public law, poverty and welfare in times of economic crisis; second, they consider the particular significance of the European context for articulations of, and struggles over, social rights. Employing a range and depth of expertise across Europe, the book constitutes a timely and highly significant contribution to socio-legal scholarship about the character and resilience of social rights in our national and regional constitutional settings.

Download or read book The Routledge History of Terrorism written by Randall D. Law and published by Routledge. This book was released on 2015-03-27 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the history of terrorism stretches back to the ancient world, today it is often understood as a recent development. Comprehensive enough to serve as a survey for students or newcomers to the field, yet with enough depth to engage the specialist, The Routledge History of Terrorism is the first single-volume authoritative reference text to place terrorism firmly into its historical context. Terrorism is a transnational phenomenon with a convoluted history that defies easy periodization and narrative treatment. Over the course of 32 chapters, experts in the field analyze its historical significance and explore how and why terrorism emerged as a set of distinct strategies, tactics, and mindsets across time and space. Chapters address not only familiar topics such as the Northern Irish Troubles, the Palestine Liberation Organization, international terrorism, and the rise of al-Qaeda, but also lesser-explored issues such as: American racial terrorism state terror and terrorism in the Middle Ages tyrannicide from Ancient Greece and Rome to the seventeenth century the roots of Islamist violence the urban guerrilla, terrorism, and state terror in Latin America literary treatments of terrorism. With an introduction by the editor explaining the book’s rationale and organization, as well as a guide to the definition of terrorism, an historiographical chapter analysing the historical approach to terrorism studies, and an eight-chapter section that explores critical themes in the history of terrorism, this book is essential reading for all those interested in the past, present, and future of terrorism.

Download or read book A System of Ophthalmic Operations written by Casey Albert Wood and published by . This book was released on 1911 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Benevolent Intervention in Another s Affairs written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.

Download or read book Case Law in Roman Anglosaxon and Continental Law written by Mar a Jos Falc N y Tella and published by Martinus Nijhoff Publishers. This book was released on 2011-08-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no one definition of case law, but rather a plurality of meanings. In this respect, after an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction.

Download or read book Principles of European Contract Law and Italian Law written by Luisa Antoniolli and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2