I micro Stati: la sfida della micro dimensione e le sue ricadute costituzionali
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In: Pólemos: journal of law, literature and culture, Band 14, Heft 2, S. 277-296
ISSN: 2036-4601
Abstract
The paper addresses the narrative that qualifies micro and remote islands as lands of freedom, suggesting that they can also be lands of despotism. Philosophers from Plato to Aristotle, to Thomas More, to Montesquieu and Rousseau have claimed that micro polities, preferably insular, represent the ideal society, where everyone is actively engaged in public affairs and pursues common good. Literature has represented islands as lands of freedom, opportunity, challenge, success, adventure, redemption, away from the corruption of Europe. However, in the nineteenth century a new narrative has emerged in fiction, which abandons this idyllic approach: islands as lands of despotism. Islands are interpreted as lawless lands, characterised by rivalries between individuals. Moving from these contrasting suggestions from literature and philosophy, the paper discusses the constitutional arrangements of Commonwealth Caribbean and Pacific micro states, in order to investigate where they stand with respect to the dialectic freedom/despotism.
In: Vienna online journal on international constitutional law: ICL-Journal, Band 14, Heft 2, S. 133-165
ISSN: 1995-5855, 2306-3734
Abstract
The article analyses the impact that the diminutive size of the four continental Europe micro states has upon their constitutional arrangements and their approach toward continental integration mechanisms. Generally speaking, the international commitment toward integration mechanisms is one of the distinguishing traits of micro states. It may seem a paradox, but actually the international dimension is much more strategic for micro than for macro states. However, being micro territorial enclaves demanded certain ability from the part of European micro states when managing foreign relations in order not to be swallowed by their macro neighbours. Therefore, they carried out for centuries a cautious policy of 'guarded openness', trying to strike a balance between the maintenance of their traditional institutions and the need to interact on a continental scale. Constitutional systems that at a first glance are unusual may be an obstacle to integration and thus have to be reformed. However, not too much, because otherwise the whole system may implode if deprived of its original constitutional balance. The protection of national tradition and identity is conservative, in the sense that it arises from the necessity of self-preservation, rather than from ideology. The article claims that the ambivalent approach of continental Europe micro states have when interacting with macro states within the Council of Europe and the EU directly derives from their diminutive size. Furthermore, the relevant role played by the diminutive size is proved by the fact that recently the EU adopted a specific micro states approach. Hence, the article also aims at investigating how they try to strike a balance between the commitment toward self-preservation – ie their constitutional identity – and the commitment toward continental integration mechanisms.
In: Zeitschrift für Politikwissenschaft: ZPol = Journal of political science, Band 28, Heft 4, S. 507-520
ISSN: 2366-2638
In: Comparative Law Journal of the Pacific, 2018
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In: The Bulletin of the Nanzan Center For European Studies, Band 22
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In: Panoptica, 2008
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In: Bocconi Legal Studies Research Paper No. 2981699
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Working paper