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: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: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: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 ...
