Suchergebnisse

Abstract
Aiming at contributing to the debate about the effectiveness of constitutional courts in enhancing the protection of women's rights, this paper focuses on the case law of the Italian Constitutional Court. After an introduction on the role, functions, and composition of the Court, three foci will be put on the Court's case law: (1) on the abolition of the gender-based discrimination in the adultery law, which caused also the abolition of the crime itself, (2) on the legislation introducing gender quotas for increasing women's political representation, (3) on the legislation on abortion and reproductive rights.

Constitutional dismemberment is one of the main consequences attached to constitutional amendments that Albert's book analyses. After having analyzed Albert's definition, the present essay focuses on the practice of constitutional dismemberment via referendum and discusses whether, in times of populism and democratic decay, the constitutional design should provide for specific measures in order to protect the political opposition from the allegiance between the populist leadership and the majority of the population. Building on the existing literature and on a comparative analysis, the essay concludes by highlighting the pros and cons of introducing special protections for political minorities during constitutional referenda to protect democracy against populist deviations, suggesting the need to provide further studies in this field.

Abstract Constitutional dismemberment is one of the main consequences attached to constitutional amendments that Albert's book analyses. After having analyzed Albert's definition, the present essay focuses on the practice of constitutional dismemberment via referendum and discusses whether, in times of populism and democratic decay, the constitutional design should provide for specific measures in order to protect the political opposition from the allegiance between the populist leadership and the majority of the population. Building on the existing literature and on a comparative analysis, the essay concludes by highlighting the pros and cons of introducing special protections for political minorities during constitutional referenda to protect democracy against populist deviations, suggesting the need to provide further studies in this field.

Constitutional dismemberment is one of the main consequences attached to constitutional amendments that Albert's book analyses. After having analyzed Albert's definition, the present essay focuses on the practice of constitutional dismemberment via referendum and discusses whether, in times of populism and democratic decay, the constitutional design should provide for specific measures in order to protect the political opposition from the allegiance between the populist leadership and the majority of the population. Building on the existing literature and on a comparative analysis, the essay concludes by highlighting the pros and cons of introducing special protections for political minorities during constitutional referenda to protect democracy against populist deviations, suggesting the need to provide further studies in this field.

The debate over the exercise of primary and secondary constituent power is a long-lasting one and is grounded on positions diverging according to the interpretation of constitutionalism and democracy, and to the conception of constitution's flexibility. In order to safeguard the sacrality of fundamental Charter at the same time ensuring its flexibility, framers, moreover after WWII, entrenched therein both specific procedures for the exercise of the secondary constituent power and clauses for the protection of constitutional fundamentals. After the exhaustion of the primary constituent power, a relevant role has been played by Supreme Courts, which ensured the enforceability of the abovementioned clauses and procedures, and, in some cases, inferred them in the lack of explicit constitutional provisions. The Brazilian Supremo Tribunal Federal (STF) is among those Courts which had to infer their competence in reviewing constitutional amendments from the unamendability clauses entrenched in the Charter. The analysis, in a comparative perspective, of the STF's activism is the focus of this article.

Abstract The debate over the exercise of primary and secondary constituent power is a long-lasting one and is grounded on positions diverging according to the interpretation of constitutionalism and democracy, and to the conception of constitution's flexibility. In order to safeguard the sacrality of the fundamental Charter at the same time ensuring its flexibility, framers, moreover after WWII, entrenched therein both specific procedures for the exercise of the secondary constituent power and clauses for the protection of constitutional fundamentals. After the exhaustion of the primary constituent power, a relevant role has been played by Supreme Courts, which ensured the enforceability of the abovementioned clauses and procedures, and, in some cases, inferred them in the lack of explicit constitutional provisions. The Brazilian Supremo Tribunal Federal (STF) is among those Courts which had to infer their competence in reviewing constitutional amendments from the unamendability clauses entrenched in the Charter. The analysis, in a comparative perspective, of the STF's activism is the focus of this article.

The debate over the exercise of primary and secondary constituent power is a long-lasting one and is grounded on positions diverging according to the interpretation of constitutionalism and democracy, and to the conception of constitution's flexibility. In order to safeguard the sacrality of fundamental Charter at the same time ensuring its flexibility, framers, moreover after WWII, entrenched therein both specific procedures for the exercise of the secondary constituent power and clauses for the protection of constitutional fundamentals. After the exhaustion of the primary constituent power, a relevant role has been played by Supreme Courts, which ensured the enforceability of the abovementioned clauses and procedures, and, in some cases, inferred them in the lack of explicit constitutional provisions. The Brazilian Supremo Tribunal Federal (STF) is among those Courts which had to infer their competence in reviewing constitutional amendments from the unamendability clauses entrenched in the Charter. The analysis, in a comparative perspective, of the STF's activism is the focus of this article.

Abstract
After a discussion of the impact of the principle of equality, entrenched in the Charters approved in Canada since the 1867 British North American Act, this essay then focuses on the related Supreme Court's adjudications. A brief analysis of the case-law concerning gender equality is followed by the discussion of cases of Aboriginal and Muslim women with the aim of assessing whether intersectionality represents for these groups of women a source of double discrimination. Brief concluding remarks discuss the challenges deriving from the different options for accommodating the principle of equality with cultural rights.

After the entry into force of the Treaty of Lisbon in 2009, and thanks to the better definition of the actors involved in external relations it provided, the European Parliament (EP) has acquired a greater role in European Union's (EU's) foreign policy and increased its ability to deal with countries outside the EU using existing interparliamentary meetings. This evolution of the EP has occurred while other important and related developments were taking place: the emergence of a global terrorist threat and the so-called Arab Spring, which has spanned most Arab countries since 2011. This essay aims at understanding how the EP's diplomacy reacted to the challenge of balancing the promotion of EU values with the need for cooperation for security and stability. It uses as a case study the EP's relations with southern Mediterranean countries (SMCs). First, a general overview of the counterterrorist activities laid down by the EP toward SMCs is provided. Then the essay focuses on the activity of EP's delegations with the Maghreb and the Mashreq, with reference to cooperation on counterterrorism with Algeria, Egypt, Morocco, and Tunisia. Finally, concluding remarks compare the general EU approach to counterterrorism in SMCs with that of the EP, discussing some existing criticisms and highlighting that the EP proved to be a coherent actor toward SMCs.

After the Treaties of Rome in 1957, Turkey started negotiations with the European Communities to define a framework for cooperation. The result was the Ankara Agreement (1965), which established economic cooperation and provided for an eu–Turkey Joint Parliamentary Committee (jpc), conceived as a discussion forum to encourage the democratic transition of Turkey. This article analyses the main phases and obstacles in Turkey's accession process, focusing on relations between the European Parliament and the Grand National Assembly of Turkey, and on the effectiveness of European Parliament and jpc activities. The analysis particularly considers the respect for the Copenhagen political criteria with regard to minorities' rights, the Cyprus dispute, and the role of religion in Turkey. The concluding remarks discuss the European Parliament's role in overcoming the current deadlock in the Turkish accession process.