1,721,093 research outputs found
Introduction. Conceptual and Methodological Approaches
No full textMethodology of the research, research questions, analysis of the impact of the CRPD on federal system
Governing the Rights of Persons with Disabilities in Federal Systems. Trends and Patterns
No full textComparative conclusions and identification of trends on how a federal structure helps protect or is an bstacle to the enjoyment of rights of persons with disabilitie
Rethinking (EU) Citizenship
No full textThis special issue of Perspectives on Federalism offers a multidisciplinary collection of pieces dealing with some (selected) issues in the field of citizenship studies.
In order to investigate how citizenship has been reconceived over the years, we decided to propose a multidisciplinary itinerary where scholars interested in political and legal theory, EU, international and constitutional law produced a contribution to defining the new boundaries of this concept
The framing of secessionism in the neo-liberal crisis: the Scottish and Catalan cases. In C. Closa, C. Margiotta, G. Martinico (eds.) Between Democracy and Law: The Amorality of Secession. Basingstoke: Routledge.
No full textCriminalising Migrants and Securitising Borders : The Italian ‘No Way’ Model in the Age of Populism
No full textThis chapter argues that the particular variety of populism in effect in Italy that has been labelled PopSovism is interesting to comparative lawyers for many reasons. The chapter explains that in the Italian case, restrictions of migrants’ rights represent a form of democratic decay in populist time. This phenomenon was particularly evident during the first Conte government, when Italy became the first European country in which two self-styled populist forces formed a coalition government, but its roots can be found even earlier. Italian populism has ancient roots and restrictions of migrants’ rights preceded and continued after the populist wave. At the same time, the nativist approach to migrants should not be seen as the only manifestation of democratic decay in Italy, which is broader in nature. As a consequence, resilience through legislative reforms is not likely to be forthcoming. More success can be expected if resilience is pursued through judicial remedies both at national and international level
Asymmetries in the Italian regional system and their role model
No full textThe chapter illustrates the multidimensional and devolutionary asymmetry characterising Italian regionalism, both in terms of constitutional law and of powers transferred to and used by the regions. The chapter also argues that, over the past 70 years, the constitutional picture of Italian regionalism has become increasingly complex, considering that each special region has 6 Erika Arban, Giuseppe Martinico, and Francesco Palermo developed its own degree of autonomy, and the constitutional reform in 2001 has made it institutionally possible to differentiate the distribution of competences among the ordinary regions as well. The author sketches the trajectory and the current state of the art of the different forms of regional asymmetry, and contends that asymmetry in the books looks way different than it is in action, due to a highly different implementation of the constitutional instruments by the various regions. The chapter also explores the contribution of Italian asymmetric design to the development of federalism/regionalism worldwide. As a matter of fact, all recent federal/regional experiments place asymmetry at their core
Exploring Subnational Constitutionalism: A Special Issue
No full textThis special issue of the journal is entirely devoted to subnational constitutionalism. To do so, it tries to adopt a comparative and interdisciplinary perspective and to identify constitutional patterns in those federal or regional contexts where subnational polities do not have a legal document formally called “constitution”.
Some contributions have a national focus (on Belgium, Spain, Germany, Argentina, Ethiopia, and Macao). Other pieces, instead, consider the phenomenon from a comparative perspective, focusing on the external relations of subnational polities, the distinctive aspects of legislatures and legislative power at this institutional level, and the role of ordinary and constitutional judges
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