II Constitutional Jurisprudence, 6 Regionalism

2016 ◽  
Author(s):  
Barsotti Vittoria ◽  
Carozza Paolo G ◽  
Cartabia Marta ◽  
Simoncini Andrea
Keyword(s):  
Case Law ◽  
National Government ◽  
Federal State ◽  
Local Autonomy ◽  
National Unity ◽  
The World ◽  
Constitutional System ◽  
The Many ◽  
Constitutional Jurisprudence

Italy has a unitary rather than a federal state, and thus the constitutional system has evolved toward an increasingly complex and dynamic set of interactions between the national government and the several regions of Italy. The Court’s case law dramatically reflects that shift where disputes regarding the allocation of authority between regional and national states account for a sharply increasing proportion of the Constitutional Court’s work. This chapter presents that body of jurisprudence and thereby offers helpful points of reference and comparison for the many other constitutional systems around the world grappling with the challenges of drawing a healthy balance between local autonomy and national unity.

II Constitutional Jurisprudence, 5 Powers and Conflicts

2016 ◽  
Author(s):  
Barsotti Vittoria ◽  
Carozza Paolo G ◽  
Cartabia Marta ◽  
Simoncini Andrea
Keyword(s):  
Separation Of Powers ◽  
Case Law ◽  
Constitutional Court ◽  
Reciprocal Relations ◽  
The Republic ◽  
Constitutional System ◽  
Constitutional Jurisprudence ◽  
The Relationship ◽  
Principal Lines

By presenting the Court’s principal lines of case law regarding the allocation of powers in the Italian constitutional system, this chapter explores the constitutionally regulated relationships among the President, Executive, Parliament, and Judiciary. It reveals that rather than a “separation of powers” in the conventional sense of contemporary constitutional models, the Italian system is best described as instituting a set of reciprocal “relations of powers” with the Constitutional Court as the “judge of powers” that maintains and guarantees these interrelationships of constitutional actors. The chapter explores this role of the Constitutional Court in its relations with both Parliament and the President of the Republic, as well as the Court’s regulation of the relationship between the President and the Executive.

scholarly journals 2020PMD, 30-years of Translational Mobility Medicine at the time of COVID-19 outbreak: Last-minute forewords from the editor

2020 ◽  
Vol 30 (1) ◽  
pp. 1-2
Author(s):  
Ugo Carraro
Keyword(s):  
National Government ◽  
Experimental Biology ◽  
Long Distance ◽  
Difficult Decision ◽  
Commercial Activities ◽  
The Us ◽  
The World ◽  
Chinese Tourists ◽  
The Many ◽  
The Village

In the autumn of 2019, the organizers of the 2020 Padua Muscle Days planned an intense program, which was to be held from March 18 to March 21, 2020. The program included eight Scientific Sessions to occur over three full days at either Padova University or the Hotel Augustus on Euganei Hills (Padova), Italy. Abruptly, however, in early January the Coronavirus COVID-19 outbreak started in China and changed the world perspectives and expectations. In Italy, it started in Lombardy and Veneto, two main industrial areas of the country with intense connections and interchanges of people and commercial activities with China. Indeed, the virus was first isolated from a couple of Chinese tourists, who inadvertently incubated the infection during their visit to many towns in Italy. Within the following two weeks, the epidemic had the first Italian cases and victims in an area south of Milan and in a Village of the Euganei Hills (Vo Euganeo, Padova). The village was immediately quarantined, but it was too late. The virus had escaped the area. Thus, it was a mandatory, though difficult decision (made even before the Italian National Government posted rules to be followed to decrease spread of the infection), to post-pone the Padua Muscle Days meeting from 18-21 March, 2020 to 25-28 November, 2020. Luckily, the vast majority of organizers, chairs, speakers, and attendees accepted the decision and have assured their presence in late November, despite the coincidence with the Thanksgiving holiday in the US. Currently, the only changes in the program are the new dates; however, it is difficult to forecast the future. Anyhow, the rationale of the decision to post-pone 2020PMD was reinforced by the actions of many organizers of international events. One of the most recent examples is the March 6, 2020 decision of the leaders of the Experimental Biology Host Societies to cancel Experimental Biology (EB) 2020, set to take place April 4–7 in San Diego, California, USA. All these active civil responses to world dangers are mandatory to avoid those military responses that are easy to start, but provide the worst results. How do we not lose half of the 2020 year? The option is to try to achieve some of the goals of the meeting by long-distance communications. Thus, the Collection of Abstracts will be, as originally planned, e-published in this 30(1) 2020 Issue of the European Journal of Translational Myology (EJTM) together with the many EJTM Communications submitted by speakers and attendees of the 2020PMD. We may also start the process that will implement EMMA, the European Mobility Medicine Association, by circulating a proposal and inviting comments.

scholarly journals An Argument from Comparative Law in the Jurisprudence of the Polish Constitutional Tribunal1

1970 ◽  
Vol 8 ◽  
pp. 237-248
Author(s):  
Ada Paprocka
Keyword(s):  
Comparative Law ◽  
Case Law ◽  
Clear Indication ◽  
Legal Basis ◽  
Constitutional Courts ◽  
Foreign Law ◽  
The World ◽  
Constitutional Tribunal ◽  
Constitutional Jurisprudence ◽  
Gathering Data

The use of references to foreign law and jurisprudence by the constitutional courts around the world currently gains more and more attention from scholars. The admis-sibility and usefulness of conducting such a horizontal dialogue between various juris-dictions raises controversies in other countries, but not in Poland, where no significant academic discussion on the legal basis and justification for using comparative arguments in constitutional jurisprudence has been conducted. The reasons for this lack of contro-versy seem to lie in the roots of the 1997 Constitution, and the way in which the Polish legal system is constructed. The Polish Constitutional Tribunal is quite prone to using comparative references in its reasoning. However, it rarely clearly indicated their role or significance for the resolution of the case before it. The analysis of the case-law of the Tribunal indicates that references to foreign law concern constitutional provisions, legislation, and the judgments of other constitutional courts. The purpose of the refer-ences stresses the universality of particular constitutional norms and deciphering their meaning, as well as gathering data significant for the assessment of the proportionality of a national law, as well as at drawing inspiration from the decisions taken by foreign courts. However, the persuasive use of a comparative argument demands that the meth-odological problems which can be noticed in the case-law should be addressed. They in-volve in particular: the need to justify the choice of comparative material that is analysed, the fragmented nature of the analysis, and the lack of a clear indication what role these kind of arguments have in constitutional argumentation.

II Constitutional Jurisprudence, 4 Key Rights and Freedoms

2016 ◽  
Author(s):  
Barsotti Vittoria ◽  
Carozza Paolo G ◽  
Cartabia Marta ◽  
Simoncini Andrea
Keyword(s):  
Freedom Of Expression ◽  
Case Law ◽  
Fundamental Rights ◽  
Social Rights ◽  
Constitutional Court ◽  
Personal Liberty ◽  
The Family ◽  
Constitutional System ◽  
Constitutional Jurisprudence ◽  
System Today

Every constitutional system today presents major controversies and encounters significant challenges in the protection and guarantees of fundamental rights, and for that reason they constitute the most lively subject of transnational constitutional dialogue. The Italian Constitutional Court has a highly developed body of jurisprudence on fundamental rights, starting with its very first decision examining the validity of Fascist laws limiting freedom of expression. This chapter provides a broad overview of some of the constitutional principles that ground fundamental rights in Italian constitutional law, such as human dignity and equality, and then presents the Court’s case law in a selected set of problem areas: personal liberty; freedom of religion; protection of the family; reproduction; social rights; immigration. These are areas with which many other constitutional systems are struggling, and the Italian Court’s particular way of conceptualizing and addressing these issues provides a welcome new voice in the global dialogue.

“All in a Garden Green”: Shakespeare's Staging of Garden Imagery

2019 ◽  
Vol 26 (2) ◽  
pp. 227-252
Author(s):  
Deborah Solomon
Keyword(s):  
Early Modern ◽  
Literary Tradition ◽  
The Public ◽  
The World ◽  
Audience Interaction ◽  
The Many ◽  
Green World

This essay draws attention to the surprising lack of scholarship on the staging of garden scenes in Shakespeare's oeuvre. In particular, it explores how garden scenes promote collaborative acts of audience agency and present new renditions of the familiar early modern contrast between the public and the private. Too often the mention of Shakespeare's gardens calls to mind literal rather than literary interpretations: the work of garden enthusiasts like Henry Ellacombe, Eleanour Sinclair Rohde, and Caroline Spurgeon, who present their copious gatherings of plant and flower references as proof that Shakespeare was a garden lover, or the many “Shakespeare Gardens” around the world, bringing to life such lists of plant references. This essay instead seeks to locate Shakespeare's garden imagery within a literary tradition more complex than these literalizations of Shakespeare's “flowers” would suggest. To stage a garden during the sixteenth and seventeenth centuries signified much more than a personal affinity for the green world; it served as a way of engaging time-honored literary comparisons between poetic forms, methods of audience interaction, and types of media. Through its metaphoric evocation of the commonplace tradition, in which flowers double as textual cuttings to be picked, revised, judged, and displayed, the staged garden offered a way to dramatize the tensions produced by creative practices involving collaborative composition and audience agency.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

PERILAKU PEDAGANG MUSLIM DALAM TINJAUAN ETIKA BISNIS ISLAM (KASUS DI PASAR LOAK JAGALAN KEDIRI)

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Alwi Musa Muzaiyin
Keyword(s):  
Business Ethics ◽  
Key Words ◽  
Luxury Goods ◽  
The World ◽  
Goods Market ◽  
Islamic Business Ethics ◽  
New Goods ◽  
The Many ◽  
Used Goods ◽  
The City

Trade is a form of business that is run by many people around the world, ranging from trading various kinds of daily necessities or primary needs, to selling the need for luxury goods for human satisfaction. For that, to overcome the many needs of life, they try to outsmart them buy products that are useful, economical and efficient. One of the markets they aim at is the second-hand market or the so-called trashy market. As for a trader at a trashy market, they aim to sell in the used goods market with a variety of reasons. These reasons include; first, because it is indeed to fulfill their needs. Second, the capital needed to trade at trashy markets is much smaller than opening a business where the products come from new goods. Third, used goods are easily available and easily sold to buyer. Here the researcher will discuss the behavior of Muslim traders in a review of Islamic business ethics (the case in the Jagalan Kediri Trashy Market). Kediri Jagalan Trashy Market is central to the sale of used goods in the city of Kediri. Where every day there are more than 300 used merchants who trade in the market. The focus of this research is how the behavior of Muslim traders in the Jagalan Kediri Trashy Market in general. Then, from the large number of traders, of course not all traders have behavior in accordance with Islamic business ethics, as well as traders who are in accordance with the rules of Islamic business ethics. This study aims to determine how the behavior of Muslim traders in the Jagalan Kediri Trashy Market in buying and selling transactions and to find out how the behavior of Muslim traders in the Jagalan Kediri Trashy Market in reviewing Islamic business ethics. Key Words: Trade, loak market, Islamic business

Hearing the Crimean War

2019 ◽  
Keyword(s):  
Nineteenth Century ◽  
Sound Studies ◽  
The Black Sea ◽  
Crimean War ◽  
National Unity ◽  
Black Sea Region ◽  
Academic Fields ◽  
History Of ◽  
The Many

This book addresses the sounds of the Crimean War, along with the many ways nineteenth-century wartime is aurally constructed. It examines wide-ranging experiences of listeners in Britain, France, Turkey, Russia, Italy, Poland, Latvia, Daghestan, Chechnya, and Crimea, illustrating the close interplay between nineteenth-century geographies of empire and the modes by which wartime sound was archived and heard. This book covers topics including music in and around war zones, the mediation of wartime sound, the relationship between sound and violence, and the historiography of listening. Individual chapters concern sound in Leo Tolstoy’s wartime writings, and his place within cosmopolitan sensibilities; the role of the telegraph in constructing sonic imaginations in London and the Black Sea region; the absence of archives for the sounds of particular ethnic groups, and how songs preserve memories for both Crimean Tatars and Polish nationalists; the ways in which perceptions of voice rearranged the mental geographies of Baltic Russia, and undermined aspirations to national unity in Italy; Italian opera as a means of conditioning elite perceptions of Crimean battlefields; and historical frames through which to understand the diffusion of violent sounds amid everyday life. The volume engages the academic fields of musicology, ethnomusicology, history, literary studies, sound studies, and the history of the senses.

Individuality and Beyond

2019 ◽  
Author(s):  
Benedetta Zavatta
Keyword(s):  
Moral Autonomy ◽  
First Line ◽  
Philosophical Interpretation ◽  
Individual Personality ◽  
The World ◽  
Regulative Ideal ◽  
Personal Library ◽  
The Many ◽  
The Individual ◽  
The Impact

Based on an analysis of the marginal markings and annotations Nietzsche made to the works of Emerson in his personal library, the book offers a philosophical interpretation of the impact on Nietzsche’s thought of his reading of these works, a reading that began when he was a schoolboy and extended to the final years of his conscious life. The many ideas and sources of inspiration that Nietzsche drew from Emerson can be organized in terms of two main lines of thought. The first line leads in the direction of the development of the individual personality, that is, the achievement of critical thinking, moral autonomy, and original self-expression. The second line of thought is the overcoming of individuality: that is to say, the need to transcend one’s own individual—and thus by definition limited—view of the world by continually confronting and engaging with visions different from one’s own and by putting into question and debating one’s own values and certainties. The image of the strong personality that Nietzsche forms thanks to his reading of Emerson ultimately takes on the appearance of a nomadic subject who is continually passing out of themselves—that is to say, abandoning their own positions and convictions—so as to undergo a constant process of evolution. In other words, the formation of the individual personality takes on the form of a regulative ideal: a goal that can never be said to have been definitively and once and for all attained.

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