102 research outputs found
Le Professeur P. Ionesco-Stoian (1909-1985)
No full textDer Professor P. Ionesco-Stoian. (1909-1985).
Die Verfasserin beschreibt kurz das Werk dieses gelehrten Apothekers und ausserordentlichen Organisators, indem sie seine Verbindungen zu Frankreich würdigt.Professor P. Ionesco-Stoian (1909-1985).
The author succinctly reviews the Oeuvre of this erudite pharmacist and excellent organizer, while dwelling upon his ties with France.Baicu Graziella. Le Professeur P. Ionesco-Stoian (1909-1985). In: Revue d'histoire de la pharmacie, 74ᵉ année, n°270, 1986. pp. 213-214
Citizenship in the Age of Globalization
No full textThe article deals with social rights enjoyed by non-citizens in European countries. The author argues that the enjoyment of social rights is unavoidable to build up a path towards the full citizenship status
La garanzia dei diritti sociali tra "autosufficienza nazionale" e tutela sovranazionale
No full textThe essay aims at exploring the multilevel protection of social rights. Starting with the analysis of European Court of Human Rights case law, the Author develops a study on methods of judicial argumentation as well as on models of scrutiny attached to social claims. The analysis is carried out with the use of three key-factors: a) the structure of the social claim; b) the kind of scrutiny attached to the violation of such a claim; c) the level of justiciability of resource allocation decisions. The Author argues that both Constitutional and supranational Courts should be involved in the protection of social rights and ultimately both Courts can share a “minimum standard of scrutiny” over social rights claims
Il conservatorismo costituzionale di Neil Gorsuch: original understanting e diritti civili nell’era di Trump
No full textThe article analyses the figure of Neil Gorsuch, who has been recently nominated to the Supreme Court and waits for Senate’s confirmation hearing. The work addresses Gorsuch’s legal philosophy in light of the ideological positioning of the rest of the Court. The Author argues that Gorsuch’s originalism needs to be analysed within his broader understanding of the role of the judges, especially in the adjudication of constitutional cases
The Supreme Court’s debate on constitutional interpretation under Trump presidency
No full textThe essay explores how the debate on constitutional interpretation evolved in the four years of Trump Presidency thanks to the contribution of Justices appointed
by the outgoing President. To this end, the essay addresses Justices’ arguments, with a view to detect their stance on constitutional interpretation within the broader context of the Court’s debate on the matter. The Author argues that the newly appointed Justices’ views on constitutional interpretation impacts especially on two issues that are far from being settled within the Court: a) the relationship between originalism and textualism and b) the interplay between theories of constitutional interpretation and the principle of stare decisis in constitutional case law
The Italian constitutional reform of 2016: an 'exercise' of change at the crossroad between constitutional maintenance and innovation
No full textThe essay analyses the Italian Constitutional Reform of 2016, starting from provisions concerning the frame of government and specifically the overcoming of the Italian model of ‘perfect bicameralism’. The essay then explores the reform of the relationships between the State and the Regions, which were successfully reorganised in 2001 but still occupy the most significant part of the Constitutional Court litigation load. The last part of the analysis is devoted to the provisions amending the Italian system of Constitutional adjudication and specifically to the introduction of a form of contrôle préventif on electoral laws. Finally, the Author provides some conclusions about the 2016 reform as an example of ‘manutenzione costituzionale’
The damages regime for human rights infringements in Italy
No full textThe chapter deals with the Italian regime of damages for infringements of human rights. It analyses the regime for infringements of constitutional rights as opposed to the regime applicable to the infringements of human rights. The Author finally argues that if considered from an overall perspective, the general picture of the regime of State's liability resembles a patchwork in which each piece forms a composite framework (state's liability for violations of human rights; state's liability for violations of constitutional rights and state's liability for historical violations) , and which ultimately can only function properly if constituent parts are joined up with one another
La violenza inavvertita: Graziella di Ercole Patti
No full textThis is the author accepted manuscript. The final version is available from Spunti e Ricerche via the link in this recordIl romanzo Graziella di Ercole Patti, pubblicato nel 1970, racconta la storia di un quarantenne che ha delle relazioni sessuali con una ragazza di tredici e una di quattordici anni in un periodo in cui l’età minima per il consenso era fissata, a seconda dei casi, a quattordici e sedici anni. Il romanzo è narrato in terza persona dal punto di vista del protagonista, e presenta Giuseppe più come vittima (della propria cultura, della propria indolenza, di una donna gelosa e di ragazze spregiudicate) che come corruttore (come lo avrebbero definito le leggi del tempo) o abusante (come lo definirebbero magistrati, psichiatri e operatori sociali dell’Italia contemporanea). Analizzerò il romanzo per spiegare la rappresentatività di quel punto di vista e per capirne la natura
What’s wrong with depoliticization?
No full textThe tension between the cosmopolitan vocation of the economy and the national character of politics has lately reached a considerable level of pressure, as control over some political economic determinants of growth has been gradually acquired by EU institutions at the expenses of national political communities. In his book “Authoritarian Liberalism and the Transformation of Modern Europe”, Michael Wilkinson calls this development a ‘depoliticization’ of fundamental decisions concerning economic and socio-economic relationships, a process which has culminated in the Maastricht Treaty. In my comment, I intend to explore the argument concerning depoliticization, by examining the relationship between economy and politics from a constitutional standpoint. While I agree with the author that depoliticization has been systematically translated into a political mode of screening decisions concerning economy behind the narrative of necessary and unavoidable developments within the European project, I take a difference stance on the meaning and risks of depoliticization. I shall argue that a certain form of depoliticization is intrinsic to any process of constitutionalization understood as a reflex of a political will. I then shall explain that European constitutional culture’s antipolitical prejudice may have at times transfigured depoliticization in a technique to tame and restrict disagreement
Multilevel empirics for small banks in local markets
No full textSmall banks are embedded in narrow markets and hence benefit from proximity to their customers. By referring to multilevel approach, this paper evaluates how much the performance of Italian mutual co-operative banks is determined by geographical and individual characteristics. The effect of local markets explains 28.27 per cent of bank heterogeneity in the empty multilevel model and 33 per cent in the most extended model. Moreover, it is found that efficiency increases with market concentration and demand density but decreases with branching in local markets. © 2017 The Author(s). Papers in Regional Science © 2017 RSA
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