Suchergebnisse

The analysis is focused on the results arising from the use of nationality as connecting factor in questions of applicable law to personal relations between spouses who are citizens of States having a non-unified legal system, characterized by the coexistence of different sub-systems of personal law referred to members belonging to diverse religious and ethnic communities, as several States in Africa and Asia regions. The issue will become more and more relevant in a close future before the Italian courts, giving the increasing migrations and the consequently growing number of marriages and divorces to which such composite systems of law should be applied. The Italian and foreign case-law show that the religious and customary laws are often based on principles that may infringe the very concept of international public order. Nevertheless, there are circumstances where the sole diversity of values and cultures should not constitute per se an obstacle for the application of foreign laws in Italy. This result could be aimed by applying a flexible judicial approach on a case by case analysis, maybe giving a special relevance to other connecting factors, instead of citizenship, already used in EU law and in international multilateral treaties in matrimonial matters (such as the closest connection and habitual residence). Adapted from the source document.

The paper takes into account a feature of Hans Kelsen's juridical thinking that has been so far rather underestimated: the weight of normativism on his theory of private law. The author closely connects Kelsen's critical approach to the notion of subjective right and further relates the legal norms to the institutions of the market economy. The interepretative assumptions of Kelsen are constantly confronted with the theoretical background that propelled the development of the modern constitutional state based on the rule of law.

The debate about the rule of law and the role it plays as driver of democratization processes is now fairly developed and diffused worldwide. Despite that, the concept is still contended and its semantic characterized by a byzantine complexity. Firstly and foremost, political scientists do not share a common conception of rule of law encompassing formal and substantial aspects of the "government based on rules rather than on men". This paper wants to encourage the development of a dialogue between law and politics, legal studies and political science, in order to investigate better and reach a deeper understanding of how and why under specific conditions governments ruled by rules -- which are still made by men -- represent favorable conditions to democratic processes and processes of state building. The readers are led through a vast literature, then provided with a proposal of a framework that covers both the conception of rule of law as precondition and as outcome of socio-political processes. Adapted from the source document.