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Between Judicial Activism and Political Cooperation: The Case of the Canadian Supreme Court

By on June 26, 2018

Review of G. Martinico, G. Delledonne, L. Pierdominici, Il costituzionalismo canadese a 150 dalla Confederazione. Riflessioni comparatistiche, Pisa University Press, 2017, and The Constitution of Canada: History, Evolution, Influence, and Reform (Special issue of “Perspective on federalism”, vol 9(3), 2017).

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Interpreting the History of Modern Comparative Law: Beyond Descriptive Linearity The Case of Historical-Comparative Jurisprudence

By on June 15, 2018

This paper aims at revising some parts of the history of modern comparative law. In essence, it argues that paradigms can be identified in this story, and it justifies this point by reconstructing the first paradigm of modern comparative law. By applying some concepts of Thomas Kuhn’s philosophy of science – pre-paradigm period, scientific community, paradigm, and symbolical generalizations – it argues that the first paradigm of modern comparative law was born in 1860-80s. This paradigm – called as either comparative jurisprudence or Vergleichende Rechtswissenschaft – was inspired by positivism and the idea of evolution. A main premise of this…

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Logica condizionale e poteri decisionali: una introduzione

By on May 29, 2018

The paper aims to develop and deepen the model of conditioned administrative decisions. This model is characterized by the conformation of the behavior of an individual to the specific prescriptions added to the administrative decision with the aim of protecting public interests involved in the administrative decision-making procedure. The idea I want to elaborate in this paper is that the conditional clause guarantees a systemic and integrated balance between different interests involved in the decision-making procedure. In addition, the focus is on examining the participation techniques to the definition of the conditional clauses in order to explain how the…

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Reinterpretation of the Scope of the Early Warning System by National Parliaments: Yellow Card against the Revision of the Posted Workers Directive

By on May 25, 2018

The Lisbon Treaty introduced the Early Warning System for the subsidiarity monitoring. The EWS empowers National Parliaments of the Member States with the right to submit reasoned opinions if they consider that the legislative proposal breaches the principle of subsidiarity and to trigger ‘yellow card’ or ‘orange card’ procedures. The three yellow cards triggered so far have demonstrated that the scope of the review on the part of the NPs is broader than it is foreseen in the Treaties. Thus, this article aims at analysing the approach of NPs towards the EWS with regard to the scope of their subsidiarity…

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Recensione a ALESSIA-OTTAVIA COZZI, Diritti e principi sociali nella Carta dei Diritti Fondamentali dell’Unione Europea: profili costituzionali (Jovene, 2017)

By on May 15, 2018

In margine alla pubblicazione del volume di Alessia O. Cozzi, Diritti e principi sociali nella Carta dei Diritti Fondamentali dell’Unione Europea: profili costituzionali (Jovene, 2017)

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Andrea Buratti, Giuseppe Martinico, Oreste Pollicino, Giorgio Repetto, Raffaele Torino