Suchergebnisse

After a brief account of the origin of the Kosovo crisis & of the attempts made by the international community to bring it to a solution, in the present work, the Author starts analyzing the stands taken by States in relation to the declaration of independence issued on the 17 February 2008 by the Assembly of Kosovo. By weighing the validity of the arguments advanced in favour or against the independence of Kosovo, the Author first highlights the violation of the terms of the UN Security Council resolution 1244/99 by the unilateral declaration of independence & the contradictions & omissions inherent in the claim of uniqueness about Kosovo advanced by most of the States which have decided to recognize the new entity. The Author then claims that the independence of Kosovo cannot be characterized neither as an exercise of a (dubious) right to a remedial secession nor as a fait accompli. He therefore concludes that Kosovo does not qualify yet as a subject of international law, that the acts of recognition of the new entity adopted by several States are premature and, as such, illegitimate & that, notwithstanding it is resolutely denied in any official statement, the conduct of abovementioned States seems to be permeated by the philosophy of the remedial secession. 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.

In this paper the author examines the theme of research of the stability of government in the Italian Constituent Assembly with reference at Switzerland government model between parliamentarism and presidentialism system. The stability of Italian government is very problem in the news constitutionals rules: in the different parties there are fluctuation between parliamentarism and presidentialism but in the cultural background of Italians deputies there are also proposals of directorial Swiss model. Nevertheless the different political and social italian habitat with strong radicalisation is opposite at research of the stability of government: result is parliamentarism without rationalisation with frequents crisis. Adapted from the source document.

The Author analyses the comparative legal profiles of citizenship in the constitutional legal orders of some African, Latin American and Asian countries, providing brief examples. The paper focuses on the following aspects: a) language problems raised by the comparison of different legal orders; b) the concept of citizenship in constitutional law; c) the relationship between the legal status of citizenship and forms of State; d) the configuration of citizenship in Islamic law and in federal States; e) conditions for the acquisition and the deprivation of citizenship, solutions to cases of double nationality, the international effort to tackle statelessness. Adapted from the source document.

In this paper the author examines the theme of the tutelage of the Italian & regionals languages in Italy. In particular legislative proposals have been presented in the XIII, XIV & XV legislature to amend Articles 6 or 12 of the Constitution by inserting the official Italian language. A comparative overview in Europe shows how many are the States that have chosen to enshrine in the Constitution the official national language. But in Italy the proposal to include the Italian language in the Constitution is almost always been accompanied also by that for regional languages in the form of their exploitation - The contemporary debate on protection of national & regional languages demonstrates the varied linguistic substrate of Italy. Adapted from the source document.

In this paper the author examines the theme of the database of fingerprints for the biometric passport & its threats to personal freedom. In particular the European regulations for issuing a passport to its Italian implementation with the problems in the Netherlands about the protection of privacy as a result of the fingerprint. An examination of the constitutionality of the digital pads & proportionality in relation to the fight to personal liberty, including the cases of those considered dangerous or suspicious & in the view of military service for which you already acquired fingerprints. The problem of replication & the margin of error checks show that fingerprint biometrics system should not believe how to resolve all the problems of the security & public order. Adapted from the source document.

The article analyses some relatively new aspects of the Participatory Budgeting in Porto Alegre. In particular it tackles the double bond for the Conselho do Orcamento Participativo (imperative mandate & budget constraint according to redistributive justice), as well as the rule providing for an equal proportion between the participants at the assemblies & the number of delegates for each Forum. Participatory budgeting is suggesting to be a procedure aimed at adopt fair decision from a social point of view, & not only at promote the largest political participation of the citizens. According to the author the originality of the Brazilian experiment is to propose the formalization of "constitutional" rules for achieving social justice, beyond the virtues of popular participation. Adapted from the source document.

The article discusses recent challenges and opportunities for democracy. Stressing that the scientific discourse on this topic has to critically consider the various meanings of the concept of democracy, some main narratives on the status of democracy are reviewed, looking at the elements of crisis of representative democracies, but also at the growing importance of democratic qualities promoted in participatory and deliberative conceptions of democracy. Original empirical research on conceptions and practices of democracy in social movements as pre-figurative arenas provides illustrations of the tensions and potentials within the, variously understood, conceptions of democracy. Moreover, some explanations of the different conceptions of democracy are discussed. The author concludes that, if the historical evolution of democracy privileged some specific qualities (related in particular to electoral accountability), the recent difficulties of representative institutions require a reflection on different qualities that, as participation and deliberation, are acquiring new relevance. Adapted from the source document.