Search results for " sovereignty"
showing 10 items of 31 documents
Hegel and Hobbes on Institutions and Collective Actions
2004
. Georg Wilhelm Friedrich Hegel is usually, and rightly, considered the foremost representative of the organistic conception of society. It is only natural to think that his view has nothing in common with the kind of individualistic outlook that dominates our legal and political thinking, and that I myself have tried to defend. I try to show why certain insights of Hegel are potentially important even for individualistic legal and political theories. First, I explicate some of the problems he struggled with, and compare his views with those of Thomas Hobbes. Next, I try to link his views to the modern theories of institutions and of collective action. The antidemocratic ideology expressed…
Dai beni comuni al comune. Diritto, Stato e storia
2016
This article – which examines the volume by Pierre Dardot and Christian Laval, Commun – intends to work out the meanings, including their historical background, which pertain to a crucial discursive field in today’s political debate: those of the terms common /commons. The goal, following Dardot and Laval multifold proposal, is to understand how to overcome the evident indeterminacy of a word such as commun. The critical analysis of the extremely complex, and frequently fuzzy, genealogies of common /commons is a fundamental step in this intellectual program, indeed a precondition for the elaboration of a convincing conceptual tool. This concept is interpreted, following the perspective outl…
Oltre la democrazia rappresentativa? Sovranità popolare e referendum nell’esperienza britannica, spagnola e francese
2019
In this paper the author elaborates on reflections about the role of the referendum in the British legal system, well-known to be characterized by a representative democracy, with the intent to examine the evolution of this institute. It is also a comparative study which examines the effects of the consultative referendum in the Spanish legal system and the characteristics and the effects of the legislative referendum in the French legal system in order to identify the analogies and the differences among these referendum.
Free trade or fair trade? Possible scenarios in the light of the EU-Japan Economic Partnership Agreement
2021
The present work focuses on the EU-Japan Partnership Agreement, whose consolidated text was finalized on December 2017, having regard to the protection of social rights: in this regard a specific attention will be paid to the EPA chapter on trade and sustainable development and to the negotiations of the Investor-state dispute settlement (ISDS) clause, taking into account the current EU approach as formalized in other recent trade agreements.
Èkonomičeskaâ desuverenizaciâ gosudarstva kak ugroza èkonomičeskoj bezopasnosti Ukrainy
2015
In the article it is made the analysis of factors influencing economic desovereignization of Ukraine and it is determined the effects of objective and subjective economic globalization for Ukraine. On the basis of the analysis it is justified immediate steps for ensuring the formation of a competitive and self-sufficient economy of Ukraine.
Checks and balances and international openness
1991
In the course of a long digression within his famous inspection of Plato’s political philosophy, Karl Popper (1945: 121) argues that “the problem of politics” is the following: “How can we so organize political institutions that bad or incompetent rulers can be prevented from doing too much damage?” Popper’s answer is: “the theory of checks and balances”, which he defines as the striving to establish “institutional control of the rulers by balancing their powers against other powers” (122). From that general approach to “the problem of politics”, it follows that democracy is definitely not the rule of the majority, or the sovereignty of the people (a conception that entails various paradoxe…
La forma de gobierno en la Constitución de Cádiz (reflexiones sobre la configuración de la Jefatura del Estado monárquica)
2012
A partir de las circunstancias históricas de las Cortes de Cádiz y de los precedentes de la monarquía española, el artículo analiza la posición de la Jefatura del Estado monárquica en la Constitución de 1812 caracterizada como una «Monarquía moderada» basada en los principios estructurales de soberanía nacional y división de poderes que determinan la configuración del Rey como poder constituido en la nueva forma de gobierno. La afirmación de la soberanía nacional impregna el conjunto del texto constitucional sin perjuicio de que coexista retóricamente con la antigua legitimidad monárquica. Por otra parte, la división de poderes supone la distinción entre la titularidad de la soberanía y su …
The problem of sovereignty and the European Union
2011
International audience
La crimmigration e l'espulsione dello straniero-massa
2017
The article primarily aims at offering a theoretical reconstruction of the fundamen- tal characteristics of the so-called crimmigration strategy, as it appears in Italian law. The author’s main thesis is that what differentiates this strategy from the ways in which Italy has traditionally dealt with undesired foreigners is not so much the instruments that are deployed, but the way in which the foreigner him/herself is conceived: not as an individual, but as a “mass-foreigner”. The paper goes on to show how this new conception has affected the legal regulation of expulsions, as it has emerged, in Italy, during the last thirty years. Finally, the author tries to locate crimmigration within th…
The Right to Food Sovereignty in International Law
2021
With the adoption of the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas (UNDROP) in 2018, the right to food sovereignty was officially included in an international legal document for the first time. The concept of food sovereignty has been widely analyzed in sociology and politics, whilst it is rarely described in the legal context. This article aims to clarify the relationship among existing norms of international law such as the right to self-determination, the right to development and the right to adequate food with the right to food sovereignty. In order to clarify this relationship the article compares them with food sovereignty as described in the UND…