Constitutional Law (Books and Journals)

• Elvira Quadrato

• Donato Bosco

• Francesco Alicino

• Francisco Balaguer Callejón

• Antonio Uricchio
• Roberto Voza

• Annamaria Bonomo

• Antonio Uricchio

• Gabriella Carella

• Mario Palma

• Roberto Romboli
• Saulle Panizza

• Alarico Mariani Marini
• David Cerri

• Rosa Maria Di Giorgi

• Pia Starace

• University of Bologna Law Review

• University of Bologna Law Review

This article aims to trace the recent changes in the case law of the European Court of Human Rights, pertaining to the legitimate aim test, which has so far not been appropriately considered in existing jurisprudence. It first shows that the legitimate aim test is not just a paper tiger, and has a bigger bite than it has been given credit for, especially for the last ten years. Furthermore,...

• University of Bologna Law Review

• University of Bologna Law Review

• University of Bologna Law Review

The aim of this article is to review the existing discipline of legal institutes in connection with significant violations of substantive or procedural legal norms and its significance in criminal proceedings in the Republic of Latvia and the Republic of Lithuania, their common and different features, problems and case law. The basis of the research is the analysis of regulatory enactments, court

• University of Bologna Law Review

• University of Bologna Law Review

• University of Bologna Law Review

• University of Bologna Law Review

This note surveys the roots of a phenomenon called "conflict of international agreements", which forms a distinctive source of legal uncertainty in trans-border disputes, with a particularly high incidence in the field of air law. The authors suggest that the conflict of international agreements should be understood as an added layer of legal complexity in trans-border air law disputes, beyond...

• University of Bologna Law Review

This article explores a different perspective on the right to dignity of the surrogate mother in commercial surrogacy arrangements under international human rights norms and philosophical principles. Here, I examine the concept of human dignity under the lenses of contemporary legal theory reflecting on the right to self-determination of the surrogate mother. This dignity-based approach serves...

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

Globally, more than half the attempts at making a democratic constitution have failed to produce one. Another large number of constitutions have suffered the ignominy of having a draft made and implemented, but ultimately being rejected by the populace or political elites for failing to perform its intended functions. A curious case emerges in instances when would-be-autocrats draft authoritarian

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

Ten years after the fall of Gaddafi’s regime, Libya still has not adopted a permanent constitution. Over the last decade, both national bodies and transnational actors have taken part in constitution-making; however, all efforts have been unsuccessful so far. While the scholarship on post-2011 Libya has mainly focused on the impact of local events and national actors on this process, this essay...

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

The defence of open society has been the main mission of the Central European University (CEU) since its creation in 1991. This article explores the history of the CEU, from the crucial years of the immediate post-Cold War until the present day. It is divided into two parts: the first part analyses the origins of the CEU, its aims and the concept of the open society as an academic mission; the...

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

This paper is concerned with academic silencing in Suriname and its links with the conflict that took place at the national level, which was given scant consideration in research. Emphasis will be given to the establishment of the hero-system in order to ensure peace and the connections between academic silencing, dictatorship and law and order.

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

This paper aims to analyse how the so-called ‘new generation’ European Union trade agreements can impact sustainable development policy of third countries, verifying whether such agreements are endowed with effective instruments that guarantee the implementation of the international commitments assumed with the aim to improve environmental and labour standards. In this sense, the presence of a...

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

The defence of common values, and of the rule of law in particular, has become an issue of major concern for EU institutions. The emergency caused by the COVID-19 pandemic brought the EU to adopt a wide-ranging package of financial aids. Within this package, the hypothesis of linking the disbursement of EU funds to the respect for the rule of law in the Member States re-emerged. Rule of law...

• University of Bologna Law Review

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

The concept of rule of law has been addressed as a formal or as a substantive notion. Although it does not enjoy a generally accepted academic definition and its practical transposition varies according to the implementing State, it is a founding value and a functional necessity for the European Union. However, the recent case law of the ECJ on this matter seems to narrow down the concept of rule

• University of Bologna Law Review

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

In the past decade, populist movements have vindicated another form of democracy that, from the perspective of constitutional law, is rooted in the claim of identity rather than representation. This has also resulted in a general rejection of the political and legal forms that are at the basis of the liberal constitutional form of government. However, the state as a system of rules that enables...

• University of Bologna Law Review

Loss of, or damage to goods is a frequent occurrence in the shipping industry, which may often occur as a result of improper cargo-handling operations during loading, discharging or even stowing. This highly concerns cargo interests, as they will seek to reimburse their loss from their carriers under bills of lading. Often, the bill of lading may well contain terms of a charterparty by way of...

• Nuovi Autoritarismi e Democrazie: Diritto, Istituzioni, Società (NAD-DIS)

• University of Bologna Law Review

In philosophy, legal theory and law, the Grundnorm, or basic norm, is often assumed to be the constitution, or that which overrides other norms. That is incorrect. This paper argues that the grundnorm should be the norm which regulates human procreation. This norm must proceed from the theoretical absence of human power, or a zero baseline. This essay attempts to correct the grundnorm fallacy...