Author: Marta Cartabia Publisher: Bloomsbury Publishing ISBN: 150990574X Category : Law Languages : en Pages : 336
Book Description
This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.
Author: Valerio Onida Publisher: Kluwer Law International B.V. ISBN: 9403507152 Category : Law Languages : en Pages : 726
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Italy provides essential information on the country’s sources of constitutional law, its form of government, and the framework of fundamental rights and guarantees established by the Constitution. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the powers concerning the armed forces, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Italy will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Author: Valerio Onida Publisher: Kluwer Law International B.V. ISBN: 940353835X Category : Law Languages : en Pages : 680
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Italy provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Italy will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Author: Justin O. Frosini Publisher: Hart Pub Limited ISBN: 9781841138343 Category : Law Languages : en Pages : 234
Book Description
After a brief historical account of Italy's constitutional system under the Statuto Albertino, this book focuses on how the Italian Constitution of 1948 has evolved over the last sixty years, an evolution that has led many commentators to talk of a 'Second' or even 'Third Republic' regardless of formal amendments to the constitution. Subsequent chapters consider the role played by Italy's main constitutional actors: the Council of Ministers and its President, the Parliament, the President of the Republic and the Constitutional Court. Particular emphasis is placed on the political dimensions of Italy's constitution, including the anomalies of the country's ever-changing party system. The text will, where appropriate, introduce a comparative dimension by considering the similarities and differences of Italy's constitutional system with those of other countries. In addition there will be chapters specifically devoted to the evolution of regional government, which is discussed as a form of 'Italian devolution', and to fundamental and basic rights. With regard to the latter, particular attention will be given to the case law of the Italian Constitutional Court and the emergence of 'new rights' not explicitly provided for in the 1948 Constitution. The discussion concludes with a look to the future, evaluating the prospects of Italy becoming a fully-fledged federal state and the possibility of adopting a directly elected Prime Minister or President of the Republic. The book is written in a style that makes it accessible to readers who may be unfamiliar with the Italian legal system and each chapter includes a list of further readings.
Author: Giacomo Delledonne Publisher: Springer Nature ISBN: 3030374017 Category : Political Science Languages : en Pages : 314
Book Description
This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.