Articles
Il costituzionalismo oltre i confini dello Stato
The article deals with the emergence of powers in the global arena. It aims to illustrate the different paths traced by this phenomenon. A first path consists of bringing national powers beyond their borders, in order to enhance State sovereignty. A second path is the establishment of new global institutions. A third one — perhaps
I diritti sociali nella giurisprudenza della Corte europea dei diritti dell’uomo
The article explores the possibility for the European Court of Human Rights to play an important role in the sphere of social rights. Starting from the traditional dichotomy between European instruments on the protection of social rights and those on civil and political rights, focus is placed on the role played by Strasbourg in transforming
La giustizia amministrativa in Italia: un dualismo a trazione monista
The evolution of the Italian model of administrative justice is described in this article as a “monistically driven dualism”. According to the liberal monistic conception, which in Italy dates back to 1865, judicial review of administrative actions is to be carried out by regular civil courts. Such a conception has always remained latent in the
Il Presidente della Repubblica in tempo di crisi
The paper takes as its starting point two recent facts on the interpretation of which there is broad agreement: the existence of a major crisis in Italy, and the exercise of a strong role by the President of the Italian Republic. The thesis developed in the article is that there is a link between the
Gli impegni nel diritto italiano della concorrenza: un’analisi empirica a cinque anni dalla loro introduzione
Commitment decisions were introduced in Italy by Law No. 248 of 2006, which added Article 14-ter to Law No. 287 of 1990. Inspired by the U.S. first, and then by the European Commission, commitment decisions were eagerly awaited in Italy, especially because they were considered an instrument through which it would have been possible to
Historical Studies
Sabino Cassese, Lo Stato come problema storico
The article delivers a historical analysis of the State as public power. Although the State has experienced an incredible development in the last five centuries, it has witnessed three crises in the 20th century alone. In addition, for over ten years there has been a crisis of studies on the State. After examining the main