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An Interdisciplinary Journey from Non-Discrimination to Collective Rights
This book develops a critique of the equality paradigms and principles to be found in the majority of today’s legal orders. It accompanies the reader taking her/him/x from a critique of non-discrimination and equality to the ‘opposite’ end of the spectrum, that is, to collective rights, collectivization processes and a manifestation of recognition that is based on difference. This interdisciplinary, theoretical journey explores a multiplicity of (legal) orders in terms of how they provide spaces of articulation for ‘difference’. The book draws, emblematically, on the rights of indigenous peoples as well as recognized and unrecognized cultural, ethnic, linguistic and religious minorities. The book thereby builds on legal and political theory, which ultimately proves essential given the dedicated objective of the book, that is, to introduce a variety of recognition principles and what the author terms ‘scales of collectivization’, which facilitate a better understanding of collective rights and further ways to capture, define and ultimately measure these rights.
The Italian Influence on European Law
Drawing on expertise from across the worlds of the judiciary, the bar, and legal academia, this book provides fascinating insights into the role of a key Member State and how its legal influence informs the wider Union's development. This collection sheds light on the Italian influence on European law by examining the judicial biographies of Italian judges and advocates general during almost five decades of the European Union. It explores the national ties of judges and advocates general to their Member States, to better understand the continuous relationship between the members of the EU judiciary and their Member States' governments and how they practise the principle of judicial independence, a central pillar of the ECJ's rule of law jurisprudence.
Judicial Law-Making in European Constitutional Courts
This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the...
Tuscia Electa 1997
Artwork by Sandro Chia, Sol Lewitt. Text by Fabio Cavallucci.
Giustizia civile
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