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Trattamento degli stranieri e buona fede nel diritto internazionale generale
In: Rivista di diritto internazionale privato e processuale
In: Studi e pubblicazioni 21
The Bureaucratization of Islam in Algeria: The State as the Only Controller of Religion
In: Journal of Asian and African studies: JAAS
ISSN: 1745-2538
Since its independence in 1962, Algeria used Islam to strengthen the sense of national identity or as a tool of self-legitimization. The Algerian political elite not only legitimized governments in the shadow of Islam, but institutionalized it through different organisms, represented by the Ministry of Religious Affairs and Endowments (Awqaf), the Islamic High Council, and more recent institutions, such as those gravitating around the Great Mosque of Algiers with important cultural, social, and administrative tasks. This bureaucratization of Islam represented the cornerstone of the state fight against radicalization and the crystallization of an Algerian national Islam that has been vital for the stabilization of the country.
The Politics of State Mergers in the Qaddafi's Foreign Policy: Utopia, Pan-Arabism, and Survival Strategy
In: Journal of Asian and African studies: JAAS, S. 002190962311680
ISSN: 1745-2538
Qaddafi's unpredictable foreign policy always attracted attention from academics and politicians. However, very few works were devoted to examine an important part of the Libyan leader's diplomacy: The staunch and fervent Arab nationalism directed to promote the creation of state unions with neighboring (and sometimes even far) countries in the perspective of pan-Arabism. Adventurism, limitless ambitions, and irrational projects also hid a pragmatic approach that had its roots in the quest for regional balance of power in the Arab world and the constant search to limit or break the isolation that surrounded Libya, considered a pariah and a rogue state.
'How I learned to stop worrying and love autocracy': Kais Saied's "constitutional self-coup" in Tunisia
In: Journal of Asian and African studies: JAAS, Band 58, Heft 6, S. 904-921
ISSN: 1745-2538
The president of Tunisia, Kais Saied, recurred to Article 80 of the constitution on 25 July 2021 to proclaim the "state of exception," freezing parliamentary activities, removing the representatives' immunity, and dissolving the government headed by Prime Minister Hichem Mechichi. The following presidential decree 2021-117 on 22 September granted him legislative powers by decree, dismantling the constitution of 2014, which was the cornerstone of the result of the "Jasmine Revolution" of 2011. This article will analyze the constitutionality of the presidential decrees and shed light on the juridical, socioeconomical, and political circumstances that allowed Saied to perform what can be described as a constitutional coup or a self-coup, which reshaped the future of Tunisia.
World Affairs Online
Aide active à mourir : le pluralisme comme facteur déterminant d'une évolution différenciée du droit en Belgique, en France et en Italie
In: Droit et société: revue internationale de théorie du droit et de sociologie juridique, Band 111, Heft 2, S. 381-400
ISSN: 0769-3362
L'examen approfondi de la législation récente et des débats parlementaires concernant la fin de vie en Belgique, France et Italie, permet d'identifier les raisons politiques et sociales qui ont conduit à une reconnaissance inégale du droit à bénéficier d'une aide active à mourir, que ce soit l'euthanasie ou le suicide assisté. Au-delà des changements dans les rapports de force électoraux et des stratégies politiques des partis, la recherche met en évidence l'incidence de certains éléments sociétaux relativement ignorés dans ce débat jusqu'à présent, tel le niveau de cohésion sociale, de pluralisme et de reconnaissance des libertés individuelles dans chacune des sociétés étudiées. L'article remet aussi en cause certains lieux communs habituellement invoqués pour expliquer ces dynamiques, comme le caractère plus ou moins laïque de l'État.
'How I Learned to Stop Worrying and Love Autocracy': Kais Saied's "Constitutional Self-Coup" in Tunisia
In: Journal of Asian and African studies: JAAS, Band 58, Heft 6, S. 904-921
ISSN: 1745-2538
The president of Tunisia, Kais Saied, recurred to Article 80 of the constitution on 25 July 2021 to proclaim the "state of exception," freezing parliamentary activities, removing the representatives' immunity, and dissolving the government headed by Prime Minister Hichem Mechichi. The following presidential decree 2021-117 on 22 September granted him legislative powers by decree, dismantling the constitution of 2014, which was the cornerstone of the result of the "Jasmine Revolution" of 2011. This article will analyze the constitutionality of the presidential decrees and shed light on the juridical, socioeconomical, and political circumstances that allowed Saied to perform what can be described as a constitutional coup or a self-coup, which reshaped the future of Tunisia.
Who controls the past controls the future: how Algeria manipulated history and legitimated power using its constitutional charters and legislation
In: Journal of Asian and African studies: JAAS, Band 57, Heft 2, S. 226-246
ISSN: 1745-2538
Contemporary Algeria was born after 132 years of colonization and a bloody decolonization war that lasted almost eight years. The official version and the dominant historical narrative of the war of independence has been influencing the state-owned media, the process of memorialization and the education system for years. This article will focus on how history was manipulated and used to legitimate political power using ordinary legislation as well as the highest source of law: the constitution. This article argues that by studying Algerian legislation and the various constitutional charters we can obtain key insight into ways in which the triad of the state, the party, and the army has been able to reproduce and re-appropriate symbols and narratives of the nation through constitutional measures and/or amendments.
World Affairs Online
The ghost of the constitutional review in Tunisia: authoritarianism, transition to democracy and rule of law
In: Journal of Asian and African studies: JAAS, Band 57, Heft 4, S. 725-742
ISSN: 1745-2538
The existence of a constitutional control is the essential cornerstone in any democratic system. Without a constitutional justice it is impossible to maintain a pluralist democracy with a real rule of law. The Tunisian constitutional history is emblematic of the relevance of the constitutional review. This article outlines the difficult and hampered life of the Tunisian constitutional justice that crossed two authoritarian regimes: a "revolution"; and the transition to democracy. It is in the latter phase that the creation of the constitutional court proved to be the paramount element in the passage from a procedural democracy to a substantive democracy.
World Affairs Online
The Ghost of the Constitutional Review in Tunisia: Authoritarianism, Transition to Democracy and Rule of Law
In: Journal of Asian and African studies: JAAS, Band 57, Heft 4, S. 725-742
ISSN: 1745-2538
The existence of a constitutional control is the essential cornerstone in any democratic system. Without a constitutional justice it is impossible to maintain a pluralist democracy with a real rule of law. The Tunisian constitutional history is emblematic of the relevance of the constitutional review. This article outlines the difficult and hampered life of the Tunisian constitutional justice that crossed two authoritarian regimes: a "revolution"; and the transition to democracy. It is in the latter phase that the creation of the constitutional court proved to be the paramount element in the passage from a procedural democracy to a substantive democracy.
Who Controls the Past Controls the Future: How Algeria Manipulated History and Legitimated Power Using its Constitutional Charters and Legislation
In: Journal of Asian and African studies: JAAS, Band 57, Heft 2, S. 226-246
ISSN: 1745-2538
Contemporary Algeria was born after 132 years of colonization and a bloody decolonization war that lasted almost eight years. The official version and the dominant historical narrative of the war of independence has been influencing the state-owned media, the process of memorialization and the education system for years. This article will focus on how history was manipulated and used to legitimate political power using ordinary legislation as well as the highest source of law: the constitution. This article argues that by studying Algerian legislation and the various constitutional charters we can obtain key insight into ways in which the triad of the state, the party, and the army has been able to reproduce and re-appropriate symbols and narratives of the nation through constitutional measures and/or amendments.
The COVID-19 Outbreak in North Africa: A Legal Analysis
North African nations, especially Egypt, Algeria, and Morocco, have been heavily affected by COVID-19 if compared to other African countries. Governments in North Africa took proactive legal measures to manage the virus threat, safeguarding population health, but also triggering repressive and invasive mechanisms that in some cases jeopardized basic freedoms and rights. This work will analyze comparatively the anti-COVID-19 legislations, pointing out how the legislative measures mirrored the level of transition of democracy, the opacity of some regimes, exploitation of the pandemic to foster repressive control, and highlighting the weakness of new democratic institutions unprepared to balance health security and democracy.
BASE
The COVID-19 outbreak in North Africa: a legal analysis
In: Journal of Asian and African studies: JAAS, Band 56, Heft 7, S. 1738-1754
ISSN: 1745-2538
North African nations, especially Egypt, Algeria, and Morocco, have been heavily affected by COVID-19 if compared to other African countries. Governments in North Africa took proactive legal measures to manage the virus threat, safeguarding population health, but also triggering repressive and invasive mechanisms that in some cases jeopardized basic freedoms and rights. This work will analyze comparatively the anti-COVID-19 legislations, pointing out how the legislative measures mirrored the level of transition of democracy, the opacity of some regimes, exploitation of the pandemic to foster repressive control, and highlighting the weakness of new democratic institutions unprepared to balance health security and democracy.
World Affairs Online