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"Grasso, Pietro Giuseppe"
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One hundred fifty years of constitutions
In 1948, during the first war of italian national independence, Antonio Rosmini had strongly claimed that, in the case of Italy, a good constitution had to be approved before the unification of the Peninsula could be accomplished. In his view, only after establishing an adequate 'constitutional statute', could 'substance' be given to society. As it is well known, things went in a very different way. National Unity was achieved without any preliminary reference to the order of constitutional institutions. The Statute (written constitution), which had been granted by Carl Albert to the Kingdom of Sardinia, was extended to the Kingdom of Italy, with several 'tacit modifications', due to habits. But the life of the representative government turned out shaky, until it fell due to the rising of fascism. The subsequent fascist regime also fell, however, because of the defeat in World War Two. The so-called 'First Republic' followed, and it also finished, at the end of the cold war. Today, the results of the events of the recent past seem uncertain. The common trait of the three constitutional experiences of united Italy seems to be the will to establish an order informed by positive law, and hence grounded on the will of completely independent men. This is the result of abandoning any reference to the superiority of a transcendent natural law.
Journal Article
CENTOCINQUANTA ANNI DI COSTITUZIONI
2011
In 1948, during the first war of italian national independence, Antonio Rosmini had strongly claimed that, in the case of Italy, a good constitution had to be approved before the unification of the Peninsula could be accomplished. In his view, only after establishing an adequate \"constitutional statute\", could \"substance\" be given to society. As it is well known, things went in a very different way. National Unity was achieved without any preliminary reference to the order of constitutional institutions. The Statute (written constitution), which had been granted by Carl Albert to the Kingdom of Sardinia, was extended to the Kindom of Italy, with several \"tacit modifications\", due to habits. But the life of the representative government turned out shaky, until it fell due to the rising of fascism. The subsequent fascist regime also fell, however, because of the defeat in World War Two. The so-called \"First Republic\" followed, and it also finished, at the end of the cold war. Today, the results of the events of the recent past seem uncertain. The common trait of the three constitutional experiences of united Italy seems to be the will to establish an order informed by positive law, and hence grounded on the will of completely independent men. This is the result of abandoning any reference to the superiority of a transcendent natural law.
Journal Article
Costituzione, scienza, tecnica : brevi note
Developments in science and technology increasingly influence all aspects of civil and individual life. These developments are mentioned in our Constitution, which considers them necessary, to offer every citizen a \"free and dignified\" quality of life and enable anybody to achieve the highest professional levels and play active roles in the Country's organization. Yet the text of the Constitution is vague and inadequate for regulating the application of ever changing scientific discoveries and technical applications which are always likely to be superseded. This has brought about the necessity to resort to ordinary law more and more. On the one hand, legislators are always late in face of innovation. On the other, the achievements of science and technology are sometimes controversial and not always accepted by the majority. In fact there is a growing demand for rules even from scientists and experts. In public legislation, union activities and in the legitimacy of the Constitution, as well as in ordinary jurisdiction, there are difficulties and obstacles. These arise from the need to balance and compensate for the pressing demand for material well being and other principles and interests granted by the Constitution. Other problems derive from judgements on implementation of techniques, motivated by opposing ethical perspectives as well as by different concepts of the human being.
Journal Article
Questions on the General Theory of Public Law in the Disposition of Matters of Terrorism
by
Illari, Silvia
,
Grasso, Pietro Giuseppe
in
Constitutional Law
,
Counterterrorism
,
Jurisprudence
2007
The prevention of terrorism is nowadays one of the major tasks of all democracies & regional & international organizations, consequently also the Italian government, following the terrorist attack of 11 September, 2001, enacted emergency statutes to increase home prevention & protection against terrorism. The aim of this paper is to analyze some constitutional issues contained in the new legislation & focus upon particular features dealing with criminal instruments to prevent international terrorism. The comparison between this legislation & the traditional states of emergency discloses the different approach of constitutional States to solve the new crisis. This paper is concluded by some considerations & insights about international terrorism & public law. Adapted from the source document.
Journal Article
QUESTIONI DI TEORIA GENERALE DEL DIRITTO PUBBLICO NELLE DISPOSIZIONI IN MATERIA DI TERRORISMO
2007
The prevention of terrorism is nowadays one of the major tasks of all democracies and regional and international organisations, consequently also the Italian government, following the terrorist attack of 11 September, 2001, enacted emergency statutes to increase home prevention and protection against terrorism. The aim of this paper is to analyse some constitutional issues contained in the new legislation and focus upon particular features dealing with criminal instruments to prevent international terrorism. The comparison between this legislation and the traditional states of emergency discloses the different approach of constitutional States to solve the new crisis. This paper is concluded by some considerations and insights about international terrorism and public law.
Journal Article
Civil Law Studies and Constitutional Reform Plans
2004
On 21 Nov 2003 the University of Pavia held a seminar on \"Lorenzago di Cadore's plan for Constitutional Reform.\" The seminar was sponsored by the departments of Political & Judicial Studies, Statistics, & Applied Economics. Under the direction of professors Pietro Giuseppe Grasso & Pietro Vincenzo Aimo, the seminar offered an opportunity to analyze the contents of the proposed reform. This paper focuses on the proposed modification of the Constitutional Court from the perspective of a federal environment. The proposal outlines a Constitutional Court based on solely political nominations; therefore, an institution that would lose its protective characteristics, especially in case of tutelage of political minorities. M. Williamson
Journal Article
Essays on Judicial Themes
2001
Gives an overview of the various contributions of judicial context in Il Politico, including subtopics of legal themes & the various countries from which writings came & discusses the contributors & writings for subtopics such as philosophy of law & public & constitutional legal studies. 108 References. E. Miller
Journal Article