Consulta
OnLine (periodico
online) ISSN 1971-9892
2016/II
maggio
– agosto
ANNIVERSARI
P.C.
La Svezia moderna a metà strada
e l’istituzione del bicameralismo
Abstract
Modern Sweden halfway and
the establishment of bicameralism
The paper takes its
cue from the 150th anniversary of the Swedish Constitution, noting
confirmations and progress with respect to the previous constitutional regime
P.C.
La nascita dell’Argentina
moderna
(09.07.2016)
Abstract
The paper recalls the
birth of modern Argentina following the declaration of independence of 8 July
1816, emphasizing the events that have distinguished it
PARTE
I
STUDI
CARLO PADULA
La
Corte Edu e i giudici comuni nella prospettiva della
recente giurisprudenza costituzionale
(23.08.16)
Abstract
The paper
examines the effects deriving from the judgments of the ECtHR on national
courts, in the light of the most recent jurisprudence of the Constitutional
Court.
BRUNO BRANCATI
(01.08.16)
Abstract
The paper concerns the
decision no. 84/2016 of the Italian Constitutional Court, which regards the
prohibition of scientific research on embryos. The Court has to face an ethical
dilemma, about which there are conflicting ideas. In this case, the Court takes
a neutral approach, but it is unsuitable for the Italian Constitution (B.B.)
GIUSI SORRENTI
(25.07.16)
Abstract
The judgment of the Constitutional Court n. 111/2016 represents a revirment with respect to the previous constitutional
jurisprudence on the obligation of the true interpretation, since with it would
seem that the judge “a quo”, although the obligation to try to prevent the
antinomy is always imposed, should no longer "prefer" the true
interpretation. So the paper aims to analyze the
advantages and disadvantages of this new hermeneutic approach, within what
appears to be a tendency, more generally, to centralize the judgment by the
constitutional judge, with the recovery of the foundations of modern
constitutionalism
GIACOMO CANALE
(18.07.16)
Abstract
The paper reconstructs the issue of the
so-called "Unpacking" of the referendum question which experienced a
recent moment of renewed scientific and public debate on the occasion of the
confirmatory referendum for the so-called constitutional reform project
"Renzi-Boschi", with the analysis of a
stimulating comparison between the two main opposite doctrinal orientations.
GIORGIO GRASSO
Agenzie di rating e impatto sulla sovranità
(12.07.16)
Abstract
This short article examines
the sovereign credit ratings that is the credit rating released from credit
rating Agencies where the entity rated or where the issuer of the debt or
financial obli-gation is a State or a regional or
local authority of a State or an international organization created by the
State. During the financial and economic crisis sovereign credit ratings both
in Europe and in Latin America shows deficiencies and some concerns for a lot
of basic categories of constitution-al law, because for example the publication
of sovereign ratings or outlooks and the disclosure of rating changes affects the reliability of
States, without any accountability of rating Agencies, evenif
the ratings have proven often to be inaccurate. By using
the provisions of
the Article 5
of Regulation (EU)
No 1060/2009, on
the equivalence and certification
based on equivalence, between credit rating Agencies, registered in the
European Union and credit rating Agencies established in third countries, the
article realized a first compari-son with States like
Argentina, Brazil and Mexico, with the aim to prove that there cannot be power
without responsibility, and
this also concerns
the power of
the most powerful
actors in the
age of globalization, like credit
rating Agencies
(G.G.)
ANTONIO RUGGERI
Cosa sono i diritti fondamentali e
da chi e come se ne può avere il riconoscimento e la tutela
(30.06.16)
Abstract
The work discusses the notion of “fundamental
rights” within the Italian legal system, taking into consideration the role of
the “dialogue among courts” as well. First of all, the Author focuses on
definitions and on the very concept of “fundamental” as regards rights. Second,
issues arising from the need to protect these rights are investigated. In this
regard, specific attention is devoted to the dialogue among courts, shedding
light on the fact that the (praiseworthy) attempt to “maximize” the protection
of rights might hide some risks for the certainty of law. As a conclusion, the
Author presents some considerations on the “work in progress” nature of
“enlarged” protection of rights, going beyond national jurisdictions.
ANTONIO RUGGERI
(16.06.16)
Abstract
The present contribution deals with civil
partnerships and de facto relationships, which are regulated by law no.
76/2016. The aim of this work is to discuss whether this law complies with the
Constitution and with the paradigm of “family” which results from “living
constitutional law”, being the latter the product of the Constitutional Court’s
case law as well as of ordinary courts’ decision and of praxis.
ANTONIO ARENA
(05.06.16)
Abstract
The article, after giving account of the state
of the art in the field of medically assisted procreation of a heterologous
type, takes stock of the main innovations introduced by Law no. n. 76/2016 and
on the innovative judgments of some judges of merit who have attempted, in some
cases with "creative" ideas, a “concrete” definition of the interest
of the minor, even beyond the normative data.
PASQUALE
COSTANZO
Le intercettazioni delle
comunicazioni interpersonali (un vademecum
costituzionale)
(23.05.16)
Abstract
Interceptions of
interpersonal communications (a constitutional vademecum)
The work focuses on the regulation of
interceptions in the light of constitutional jurisprudence and taking into
account the new information technologies
FRANCESCO
MARONE
(23.05.16)
Abstract
With the decision of the
Constitutional Court n. 107 of 2015, the intervention of the regional councilor who had demonstrated the existence of an
"interest" in the cause was admitted in the constitutional conflict
by the State and the Regions. The article, therefore, analyzes
the possibility that said expanded constitutional contradictory could
"open the doors" to the admission of the intervention of the
parliamentarian in the conflict of attribution between powers of the State
pursuant to art. 68 of the Constitution
Consulta
OnLine (periodico
online) ISSN 1971-9892