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Previously he worked as a Lecturer in Constitutional law in the same institution. Martinico, X. What does the Belt and Road Initiative mean for the existing multilateral organisations? What can it represent for the future of the European Union in the long run? What is the role of hard and soft law in the functioning of the What is the role of hard and soft law in the functioning of the Initiative?
What does it represent from a legal theory perspective? This book aspires to contribute to the international debate by gathering scholars with different backgrounds legal theorists, public international lawyers, comparative lawyers in a way that they can offer their inputs and observations concerning the Belt and Road Initiative.
Publication Date: Publication Name: G. View on palgrave. Save to Library. It rather refers to the approach chosen for this collective volume. Immoral is Building upon the second meaning of amoral which refers to a situation a secessionist process where moral considerations do not apply, avoiding this way entering the terrain of the moral foundations of secession.
This interdisciplinary book does not deal with the subject of the immorality or morality of secession, trying to go beyond the traditional approach that has characterised this field. 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 Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state.
After the 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 , 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.
Publication Date: Martinico, Il diritto costituzionale come speranza Secessione, democrazia e populismo alla luce della Reference Re Secession of Quebec, Giappichelli, more. The Amorality of Secession, Routledge, more. This volume purports to explore the legal and political issues triggered by the new wave of secessionism.
More specifically, those issues concern the interplay between notions of democracy and democratic ends and means and law and the More specifically, those issues concern the interplay between notions of democracy and democratic ends and means and law and the rule of law and constitutionalism.
Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession.
In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors.
The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context which call into play the discussion of the democratic theories and separations in a non-democratic context where the nexus between secession and democracy is not really central.
Giacomo Delledonne, Giuseppe Martinico eds. This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in It opens withtwo Canadian It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.
Delledonne, G. Martinico, L. Pierdominici a cura di , Il costituzionalismo canadese a anni dalla Confederazione. Riflessioni comparatistiche, Pisa University Press, Pisa, more. Martinico, L'integrazione silente. La funzione interpretativa della Corte di giustizia e il diritto costituzionale europeo more. This book aimed at describing the silent process of constitutionalization that still underpins the activity of the ECJ, and at analysing its effects.
To this aim, the volume focused on the rationalizing mission that the Court has To this aim, the volume focused on the rationalizing mission that the Court has undertaken. This book examines the broad issue of the rapprochement between the legal systems of the EU and the European Convention of Human Rights ECHR and asks whether the two systems are converging. While the literature on the issue of the View on e-elgar.
Luis I. Gordillo- G. View on tienda. This book builds on the discourse in European Giuseppe Martinico sets out a unique account of EU constitutionalism which argues that the EU legal order is a complex entity which shares some features with natural systems. The book is soundly anchored in the theory and methodology of legal science and based on a deep knowledge of judicial practices.
The author contends that Europe is still suffering from the failure of the Constitutional Treaty and is practicing the new institutional equilibrium afforded by the coming into force of the Reform Treaty. The book goes on to explore the methodological implications of such constitutional complexity for the study of EU law. View on routledge-ny.
More Info: Co-edited with G Martinico. View on papers. Martinico, P. Perspectives on Federalism more. This special issue of the journal, which collects some of the papers presented at the latest World Congress of the International Association of Constitutional Law in Oslo, is entirely devoted to subnational constitutionalism. Its approach Its approach is mainly comparative and interdisciplinary.
The symposium is divided into three sections: theoretical problems, national reports, and comparative analyses. The papers deal with ever-recurring issues, as well as with emerging discussions e. Avbelj, F. Fontanelli, G. Martinico eds.
This book focuses on four challenges faced by the European Court of Justice: the Reform Treaty, the enlargement, the relationship with other courts and the recent threat to security represented by the rise of the international criminal This book focuses on four challenges faced by the European Court of Justice: the Reform Treaty, the enlargement, the relationship with other courts and the recent threat to security represented by the rise of the international criminal network.
Pollicino eds. A Comparative Constitutional Perspective more. Do national judges start treating the provisions of the European Convention on Human Rights the same way they In order to answer this question the editors Giuseppe Martinico and Oreste Pollicino involved scholars from the countries that are members both of the EU and the Council of Europe.
The process of fragmentation of the international legal order and the absence of constitutional devices governing the connections between the various legal regimes can be reduced to a rational picture only through the activity of the The process of fragmentation of the international legal order and the absence of constitutional devices governing the connections between the various legal regimes can be reduced to a rational picture only through the activity of the judges.
Against this background, the judges play a crucial role in creating connections between legal regimes and proceedings. The metaphor of dialogue has been vastly used by the literature and this concept was variously understood in different meanings: vehicle for transplants, informal way of communication between judicial and political bodies, new paradigm of judicial relations between actors not belonging to the same legal order.
Starting from this assumption we attempted to put together scholars belonging to different fields of research Constitutional Law, EU Law, WTO Law, Public International Law, Jurisprudence in order to carry out a comprehensive appraisal of this phenomenon, and to provide a wide picture of the latest development of the role of the judges in the international legal order. The aim of this paper is to look at the role played by soft law measures in the design and implementation of the Belt and Road Initiative.
Starting from a systematization of the literature on soft law, I shall try to classify this jungle Starting from a systematization of the literature on soft law, I shall try to classify this jungle of measures and explain the reasons for their massive use within the BRI.
I shall pay special attention to the Memorandum of Understanding MoU between China and Italy that represents, in my view, an emblematic example of this trend. Giuseppe Martinico, "Due dottrine dei diritti? Il tutto, per altro, combinato con una gestione mediatica dell'emergenza che si conferma a tratti populista. Da ultimo, si tratta di un invito alla riflessione e a un dibattito di teoria costituzionale.
Inoltre, mi pare eccessivo.
Skip to search form Skip to main content You are currently offline. Some features of the site may not work correctly. DOI: The trend towards centralization of functions and powers, both at federal and state levels, probably constitutes some sort of quasi-federalism, or semi-federalism, or even unionist federalism.