By considering the presidential pardon as a personal one, the Italian Supreme Court has put an end to a long doctrinal and political debate (CC, june 2006, n° 200). Postulate of the Court: the Head of the State is ontologicaly regarded as an impartial power (super partes) out of the executive branch. Consequence: a monocratic and irresponsable organ -whose acts have to be countersigned to be valid -can have a normative autonomy. It seems to be a wrong interpretation of the Constitution: such an argument can hurt the parliamentary logic (in favour of the minister’s prerogatives) and the logic of guarantee (in favour of the thesis of the duumvirale act). This Court’s decision is simptomatic of a constitutional hermeneutic based on a political...
The Italian Constitutional Court has delivered an historical judgment stating that it was not possib...
In the aftermaths of World War II, a mechanism for constitutional review was set up, to provide the ...
Parliamentary privileges of freedom of speech and inviolability are constitutional provisions necess...
By considering the presidential pardon as a personal one, the Italian Supreme Court has put an end t...
In October 2009, The Italian Constitutional Court has censured the «Alfano Law » (2008) which has es...
Within the space of less than two years the European Court of Human Rights and the Italian Constitut...
International audienceThe Italian Constitutional Court has given itself the power to review constitu...
Within the space of less than two years the European Court of Human Rights and the Italian Constitut...
The current institutional context is characterised by high levels of conflict in the relations among...
Since 1994, the new electoral rules have strengthened the Executive's constitutional position vis à...
Dealing with a rather "lazy" penal law-maker, the Italian Constitutional Court has progressively con...
In a previous post, I have argued that the recent decision of the Italian President of the Republic,...
The Supreme Court declares unlawful, void and of no effect the long prorogation of Parliament – The ...
The Judiciary and the Political Class. Beyond the Exigencies of the Italian Crisis. Franco Cazzola ...
Since the beginning of Nineties years of last Century, both the anti-corruption operation started b...
The Italian Constitutional Court has delivered an historical judgment stating that it was not possib...
In the aftermaths of World War II, a mechanism for constitutional review was set up, to provide the ...
Parliamentary privileges of freedom of speech and inviolability are constitutional provisions necess...
By considering the presidential pardon as a personal one, the Italian Supreme Court has put an end t...
In October 2009, The Italian Constitutional Court has censured the «Alfano Law » (2008) which has es...
Within the space of less than two years the European Court of Human Rights and the Italian Constitut...
International audienceThe Italian Constitutional Court has given itself the power to review constitu...
Within the space of less than two years the European Court of Human Rights and the Italian Constitut...
The current institutional context is characterised by high levels of conflict in the relations among...
Since 1994, the new electoral rules have strengthened the Executive's constitutional position vis à...
Dealing with a rather "lazy" penal law-maker, the Italian Constitutional Court has progressively con...
In a previous post, I have argued that the recent decision of the Italian President of the Republic,...
The Supreme Court declares unlawful, void and of no effect the long prorogation of Parliament – The ...
The Judiciary and the Political Class. Beyond the Exigencies of the Italian Crisis. Franco Cazzola ...
Since the beginning of Nineties years of last Century, both the anti-corruption operation started b...
The Italian Constitutional Court has delivered an historical judgment stating that it was not possib...
In the aftermaths of World War II, a mechanism for constitutional review was set up, to provide the ...
Parliamentary privileges of freedom of speech and inviolability are constitutional provisions necess...