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

Numero di Rivista

Documenti più recenti

• Hero-systems, Military Dictatorship and the Silencing of Academic Community in Suriname

  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.

• Analyzing Authoritarianism and Democracy through Academic Freedom in Turkey

  The article examines the concepts of authoritarianism and democracy in Turkey through an analysis of academic freedom. From its foundation, Turkish democracy has suffered from being hybrid, i.e., a combination of democratic and authoritarian elements. Since 2016, after the attempted coup d’état, Turkish parliamentarianism has been transformed into a one-man regime. This contribution analyses the new type of Turkish authoritarianism from its foundation, since the rise of Justice and Development Party (AKP), using the Gramscian concept of hegemony and the role of the intellectual. Then, the article presents an interview with a scholar still working in a Turkish university to better understand the state of academic freedom in Turkey.

• La Natura come soggetto di diritto nell'ordinamento dell'Uganda
• The 'Method and Madness' of Authoritarian Constitution Making in Democratic Regimes

  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 constitutions in democratic regimes. They do it rather successfully. Moreover, they do so without using force, with the consent of large sections of the society, and in ostensibly democratic ways. The question that then arises is how would-be-autocrats are more successful than their democratic counterparts in such ventures. Using three varied examples of authoritarian constitution-making from Hungary, Venezuela, and Turkey, this article will examine the ‘method and madness’ behind the success of would-be autocrat’s constitution-making endeavors and these authoritarian constitutions’ acceptance by the populace.

• Constitution-Making in Libya after the Fall of Gaddafi: The Role of National and Transnational Actors

  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 outlines the recent history of Libya’s constitution-making by stressing the intermingling of the activities of local bodies and transnational actors. By using the theorical lens of transnational legal orders (TLOs), it claims that two TLOs - the Western liberal democratic TLO and the Islamic one - will coexist if the 2017 draft constitution is adopted. Nevertheless, both TLOs would be necessary to reinforce the legitimacy of the constitution before, on the one hand, international organisations and Western countries and the Libyan population, on the other.

• L'Unione Europea e la controffensiva baltica nella garanzia dello Stato di diritto
• Cile: tra retaggi autoritari e democrazia incompleta
• Una regione immaginata: ambiente, cultura e connettività nella Manciuria moderna
• Les risques du terrain : vers un embrigadement de la recherche
• Open Society, Academic Freedom and the Rule of Law: The Mission of Central European University (CEU) 1991-2021

  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 second part focuses on the clash between the CEU and the Hungarian government, led by right-wing populist minister Viktor Orbán. The "CEU affair" has opened a debate about the nature of the relationship between academic freedom, open society and the rule of law in Hungary and in Europe. Reconstructing the history of the CEU offers the chance to explore the evolution of the open society ideal in Central and Eastern Europe, from the euphoria of the post-Cold War to the challenges of the 21st century.

Documenti in primo piano

• Il rinvio pregiudiziale e l'indipendenza dei giudici: alcune riflessioni a margine di due recenti vicende
• The 'Method and Madness' of Authoritarian Constitution Making in Democratic Regimes

  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 ...

• Constitution-Making in Libya after the Fall of Gaddafi: The Role of National and Transnational Actors

  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...

• Palabras y plomo: giornalismo e violenza in Messico tra la guerra sucia e il nuovo millennio
• Memoria, Verdad y Justicia de la dictadura cívico-militar y de sus víctimas en Argentina
• Il caso peruviano delle sterilizzazioni: la politicizzazione del corpo femminile tra autoritarismo e democrazia
• La pericolosa interpretazione contra constitutionem della giurisprudenza boliviana sui mandati presidenziali
• Costituzione e discorso delle istituzioni in Cina oggi
• The Independence of Justice as Proxy for the Rule of Law in the EU - Case Study - Romania

  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...

• Martin Belov (ed.), Populist Constitutionalism and Illiberal Democracies. Between Constitutional Imagination, Normative Entrenchment, and Political Reality, Intersentia, Cambridge, 2021, XVII-378 pp.