Search results for "Diritto pubblico"
showing 10 items of 263 documents
Smoke gets in euro-eyes: fusione e fissione del diritto comunitario
2021
This essay reconstructs the mechanism of the mutual “influence” between European Union Law and the Law of member states. In particular, the mechanism of the disapplication of domestic law has been assumed on the light of the comparison with the common law system and the relationship between equity and case law. Thanks to this comparative approach and the analysis of the jurisprudence of the Supreme Court (formerly House of Lords), the Author highlight the nature of “delegation” of powers and not of transfer of sovereignty inherent in the relations between member states and the European Union. At the same time, through the reconstruction of the jurispru- dence of the European Court of Justic…
Vittorio Emanuele Orlando. Un giurista al servizio dell'Italia.
2011
Introduzione
2020
Presentazione del fascicolo dedicato ai rapporti tra ideologia, scienza giuridica e diritti umani
Marxismo, giustizia sociale e garanzie dello Stato di diritto
2020
In the last decades the interest of philosophers and political scientists in Marx’s thinking is growing to recover those aspects of his theory that are believed to be still valid: above all, the aspiration to social justice. In this perspective, it is important to reflect on the relationship between the Marxian conception of the State and the law, and the totali- tarian State that arose after the Bolshevik revolution in Russia. Marx’s thesis, rejecting the Rule of Law and human rights as functional to the domination of the capitalist class, legitimised an instrumental conception of law and the model of political centralisation, which was provided for in the Leninist programme and then imple…
The Language of Law and Food: metaphors of recipes and rules
2021
This book reconsiders the use of food metaphors and the relationship between law and food in an interdisciplinary perspective to examine how food related topics can be used to describe or identify rules, norms, or prescriptions of all kinds. The links between law and food are as old as the concept of law. Many authors have been using such links in creative ways to express specific features of law. This is because the language of food and cooking offers legal thinkers and teachers mouth-watering metaphors, comparing rules to recipes, and their combination to culinary processes. This collection focuses on this relationship between law and food and takes us far beyond their mere interaction, t…
Comparative Public Law Notes: Methodological Profiles: Legal Families - Forms of Government in the United Kingdom, Germany, Spain, France, and the Un…
2023
The work intends to analyse some classic themes of comparative public law such as methodological profiles and legal families and then focus on the characteristics of forms of government. In particular, the analysis, with a comparative perspective, intends to focus on the characteristics of the parliamentary form of government in the United Kingdom, Germany, and Spain and then on the French semi-presidential and US presidential forms of government. The aim is to provide, during teaching assignments, a starting point for further study. The work is accompanied by a bibliography on the various survey profiles, to facilitate the retrieval of doctrine on the subject.
Soluzioni tecnologiche e lotta al Covid-19: una riflessione critica
2023
Technological solutions and the fight against Covid-19. A critical reflection – Digital technologies have played a decisive role in the definition and implementation of measures to combat the Covid-19 pandemic, from the dissemination of information to the monitoring of behavior. Yet their use has not always achieved the desired effects. By reviewing the case of tracking apps, this contribution aims to take stock of the role of technologies and the private sector during the pandemic emergency and to reason about the causes of their failure.
Soft law e Autorità indipendenti: collocazione nel sistema delle fonti, tutela giurisdizionale e giurisprudenza costituzionale
2023
Soft law e Autorità indipendenti: collocazione nel sistema delle fonti, tutela giurisdizionale e giurisprudenza costituzionale
The crime of consumption of alcoholic beverages in the Somali Penal Code
2021
Somalia is a Muslim country whose criminal law has been based on the 1930 Italian penal code to which some changes have been made to try to adapt it to the local context. One of these changes has been to introduce the crime of consumption of alcoholic beverages, a crime that anyway could be committed only by local Somali people due to their religious belief. This chapter analyzes this part of the Somali penal code trying to highlight the issues arising from the text of the law. The analysis is compared to the regime existing in the other Muslim African countries to understand similarities and differences with the Somali regulation. A conclusion is then drawn up also in view of a possible fu…
Interaction among Customary Law, Islamic Law and Colonial Law during the Italian Administration of Somalia
2020
The chapter discusses the presence of customary law, islamic law and colonial law during the period of Italian administration of Somalia (both colonial and during the trusteeship administration under UN mandate) and the interaction among these normative orders.