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Browsing Max Weber Programme (MWP) by Author "MARTINICO, Giuseppe"
Now showing items 1-13 of 13
Title:The Impact of “Regional Blindness” on the Italian Regional State
Author(s):MARTINICO, GiuseppeDate:2011-01-01Type of Publication:Working PaperSeries/Report no.:IDEIR Working paperAbstract:To what extent do Italian courts adapt the national legal instruments (principles, rules and legal techniques) regarding state structure to the requirements of EU law? This paper aims to give an answer to this question by ...
Title:Legal Conflicts and Subnational Constitutionalism
Author(s):DELLEDONNE, Giacomo; MARTINICO, GiuseppeDate:2011-01-01Type of Publication:Working PaperSeries/Report no.:EUI LAWAbstract:This paper analyses the increasing use of the concept of subnational identity, understood as a peculiar (to some extent) category that is opposed to the State or federal identity. References to it are included in the ...
Title:The Impact of the European courts on the Italian Constitutional Court
Author(s):MARTINICO, Giuseppe; POLLICINO, OresteDate:2011-01-01Type of Publication:Contribution to bookAbstract:This chapter describes the impact of EU law and of the ECHR on the case law of the Italian Constitutional Court.
Title:Constitutionalism as a “Resource”. A constitutional approach to the development debate
Author(s):MARTINICO, GiuseppeDate:2011Type of Publication:ArticleAbstract:In this paper, I argue that cooperation for development may be seen as a technique of 'second-modernity' constitutionalism. I base this argument on the developmental goal of correcting the asymmetries produced by economic ...
Title:Comunità dei legislatori e circolazione dei modelli: il caso del Canada
Author(s):MARTINICO, GiuseppeDate:2011Type of Publication:Contribution to bookAbstract:This paper explores the phenomenon of dialogue among legislatures in the Canadian context. The work is divided into three parts. In the first part I develop the relation between the concept of “dialogue” and that of “legal ...
Title:Complexity as the 'Efficient Secret' of the European Constitution: an Alternative (Explanatory) Proposal
Author(s):MARTINICO, GiuseppeDate:2011Type of Publication:Working PaperSeries/Report no.:EUI MWPAbstract:In order to explain the specificity of the European Constitution this work aims to analyse the latest constitutional trends of the European integration process in light of the idea of constitutional complexity. It is divided ...
Title:Dating Cinderella: On subsidiarity as a political safeguard of federalism in the European Union
Author(s):MARTINICO, GiuseppeDate:2011Type of Publication:ArticleAbstract:The aim of this article is to provide a brief overview of the debate on the subsidiarity principle. Subsidiarity is one of the most ambiguous and debated notions in law, and it definitively belongs to all the legal ...
Title:Lo spirito polemico del diritto europeo. Studio sulle ambizioni costituzionali dell'Unione
Author(s):MARTINICO, GiuseppeDate:2011Type of Publication:BookAbstract:According to many scholars, the rejection of the Constitutional Treaty and the disappointment caused by the contents of the Lisbon Treaty –- defined by Somek (2007) as a mere post-Constitutional Treaty – mark the failure ...
Title:Constitutional Failure or Constitutional Odyssey? What can we learn from Canada and Switzerland
Author(s):MARTINICO, GiuseppeDate:2011Type of Publication:ArticleAbstract:According to many scholars, the rejection of the Constitutional Treaty and the disappointment caused by the contents of the Lisbon Treaty –- defined by Somek (2007) as a mere post-Constitutional Treaty – mark the failure ...
Title:Judging in the Multilevel Legal Order: Exploring the Techniques of ‘Hidden Dialogue’
Author(s):MARTINICO, GiuseppeDate:2010-01-01Type of Publication:ArticleAbstract:The aim of this paper is to focus on that particular form of judicial conversation represented by what I have endeavoured to call the techniques of 'hidden dialogue' between the European Court of Justice (ECJ) and the ...
