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European Constitutional Courts and Transitions to Democracy
Full text linkThis book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts
Insegnare diritto comparato in inglese. Sfide e prospettive
No full textSince the beginning of the new Millennium – following the process of internationalization that has characterized the Italian Academia – a growing number of courses in Italian universities are taught (also) in English. This trend characterizes law schools too. In this article I focus specifically on the teaching of comparative law in English. In particular, I examine the main practical and theoretical challenges of this teaching, which pertain to four main areas: the English concretely used by the teacher, the Anglo-Saxon influence on the teaching method and program, the multicultural classes, and the need to also consider lesser-known legal systems. In the last part of the article, I show that the teaching of comparative law in English has produced a series of positive consequences
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Constitution building after the Arab Spring ::a comparative perspective /
No full textHow were post-Arab Spring constitutions drafted? What are the most significant elements of continuity and change within the new constitutional texts? What purposes are these texts designed to serve? To what extent have constitutional provisions been enforced? Have the principles of constitutionalism been strengthened compared to the past? These are some of the key questions Francesco Biagi addresses. Constitution Building After the Arab Spring. A Comparative Perspective examines seven national experiences of constitution building in the Arab world following the 2011 uprisings, namely those of Morocco, Algeria, Tunisia, Libya, Egypt, Syria, and Jordan. This interdisciplinary book, based largely on the author's own work and research in the region, compares these seven national experiences through four analytical frameworks: constitution-drafting and constitutional reform processes; separation of powers and forms of government; constitutional justice; and religion, women and non-Muslims within the framework of citizenship
Constitution Drafting After the Arab Spring: A Comparative Overview
Full text linkScholars have written extensively on the content of post-Arab Spring constitutions, highlighting these constitutions\u27 strengths and weaknesses. Less attention has been devoted to the processes that led to the adoption of these new documents. By providing a comprehensive comparative analysis of these constitution-drafting processes, this Article aims at contributing to filling this gap in the literature. Special focus is placed on the constitution-making processes followed in Morocco (constitution of 2011), Syria (constitution of 2012), Tunisia (constitution of 2014), and Egypt (constitutions of 2012 and 2014 the latter being amended in 2019), as well as on the constitutional reform processes that took place in Jordan (2011, followed by the constitutional amendments adopted in 2014 and 2016) and Algeria (2016 and 2020). Reference is also made to the ongoing constituent process in Libya and to the UN-facilitated process aimed at adopting a new constitution for Syria. The Article shows that the cast majority of these processes were characterized by major shortcomings, a fact that had a negative impact on the legitimacy and sense of ownership of the new constitutions and, ultimately, on the transition processes as a whole. The only notable exception appears to be Tunisia, where the 2014 constitution was the outcome of a profoundly democratic process
The Algerian Constitutional Reform of 2016: A Critical Analysis
No full textIn February 2016 the Algerian Parliament adopted a broad-sweeping constitutional reform, which came into force in March of the same year. The paper addresses the long process of revision of the 1996 Constitution and discusses the most significant novelties introduced by this reform. The paper argues that while from a political standpoint Algeria was and still remains in many ways an "exception" in the MENA region, from a constitutional point of view, on the contrary, Algeria followed to a large extent the same path pursued by the vast majority of the Arab countries
Religion in Constitution-making Processes: Comparative Perspectives
No full textIn this chapter, I consider the role of religion in post-Second World War constitution-making processes from a comparative perspective. In order to do so, I first look at the actors that most commonly contribute to shaping the content of constitutional provisions concerning religion during these processes, such as political parties, religious institutions, religious minorities, civil society and external actors. Second, I examine the factors that often influence the issue of religion in constitution-drafting processes—namely the different types of processes (whether top-down or bottom-up, national or supranational), constitutional history and tradition, as well as external influences. Third, I discuss the most contentious issues that usually emerge during debates within constituent bodies, such as the religious versus secular character of the state, the status of religious law, the protection of religious freedom, the regulation of religious education, the institution responsible for interpreting religious issues, the relations between religion and international human rights treaties and the reference (or the absence thereof) to religion in constitutional preambles. Finally, I set out some concluding remarks
Comparative constitutional history. Volume 2, Uses of history in constitutional adjudication
No full textIntroduction
No full textThe transformations which are taking place in the Arab world are dynamic processes characterised by a number of variables that one can refer to as actors and factors.
The implications of the Arab uprisings are important for the world at large; the Arab world???s successes, and failures, at this crucial moment may well serve as a model for other nations. Political and Constitutional Transitions in North Africa focuses on five Northern African countries- Tunisia, Egypt, Morocco, Libya and Algeria- examining specific institutions and actors participating in the political upheavals in North Africa since 2011, and placing them in a comparative perspective in order to better understand the processes at work. This book addresses issues pertinent to North African and Middle Eastern Studies, comparative constitutional law, political science and transitional studies and it contains contributions by experts in all these fields.
Providing a significant contribution to the understanding of events that followed the immolation of Mohamed Bouazizi in Tunisia, this book is a valuable contribution to North African Studies, Middle Eastern Studies, Comparative Constitutional Law and Transitional Studies
Political and Constitutional Transitions in North Africa Actors and Factors
No full textThe transformations which are taking place in the Arab world are dynamic processes characterised by a number of variables that one can refer to as actors and factors.
The implications of the Arab uprisings are important for the world at large; the Arab world???s successes, and failures, at this crucial moment may well serve as a model for other nations. Political and Constitutional Transitions in North Africa focuses on five Northern African countries- Tunisia, Egypt, Morocco, Libya and Algeria- examining specific institutions and actors participating in the political upheavals in North Africa since 2011, and placing them in a comparative perspective in order to better understand the processes at work. This book addresses issues pertinent to North African and Middle Eastern Studies, comparative constitutional law, political science and transitional studies and it contains contributions by experts in all these fields.
Providing a significant contribution to the understanding of events that followed the immolation of Mohamed Bouazizi in Tunisia, this book is a valuable contribution to North African Studies, Middle Eastern Studies, Comparative Constitutional Law and Transitional Studies
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