L'azione penale tra diritto e politica PDF Download

Author: Mario Chiavario
Publisher:
ISBN: 9788813192341
Category : Law
Languages : it
Pages : 140

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Author: Alberto Burgio
Publisher:
ISBN:
Category : Political Science
Languages : it
Pages : 180

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Author: Héctor Olásolo
Publisher: Martinus Nijhoff Publishers
ISBN: 9004146156
Category : Political Science
Languages : en
Pages : 423

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The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.

Author: Richard Gunther
Publisher: OUP Oxford
ISBN: 0191513962
Category : Political Science
Languages : en
Pages : 456

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This volume analyses the evolution of selected public policies and the changing roles and structure of the state in Greece, Italy, Portugal, and Spain since the 1960s. It makes a major contribution to work on recent democratic regime transition in southern Europe, demonstrating how the state has responded and adapted to the challenges and pressures associated with the overarching processes of democratization, socio-economic development, and Europeanization.

Author: Louise Arbour
Publisher:
ISBN:
Category : Criminal jurisdiction
Languages : en
Pages : 746

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Reports on national jurisdictions and the proceedings of the workshop. The workshop produced a final declaration (the Freiburg Declaration).

Author: Mario Sbriccoli
Publisher: Giuffrè Editore
ISBN: 8814145075
Category : Law
Languages : it
Pages : 1361

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Author: Giorgio Bongiovanni
Publisher: Springer Science & Business Media
ISBN: 1402085001
Category : Philosophy
Languages : en
Pages : 462

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Reasonableness is at the centre of legal debate, both in academic circles and in practice. This unique reference work adopts an interdisciplinary perspective, merging jurisprudence, legal theory, political philosophy and the different branches of law. All aspects relating to reasonableness and law are addressed by the most prominent scholars in the field. In the first part of the book, the focus is on jurisprudential analyses of the concept of reasonableness and on its moral, political and constitutional implications. In the second part, reasonableness is examined in the different fields of law like Public, Private and International Law. Here in more detail the practical consequences of reasonableness are worked out, making this work of interest to practitioners as well as legal theorists.

Author: Augusto Bosco
Publisher:
ISBN:
Category : Social sciences
Languages : it
Pages : 526

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Author: Ulrike Müßig
Publisher:
ISBN: 9781013269943
Category : Political Science
Languages : en
Pages : 424

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This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu) This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

Author:
Publisher:
ISBN:
Category : Italy
Languages : en
Pages : 560

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