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Una nuova fase della juristocracy? Affinità e divergenze tra Trump v. CASA e Alace e Canpelli
A new phase of juristocracy? Similarities and differences between Trump v. CASA and Alace and Canpelli – The article draws inspiration from the decision of the US Supreme Court in Trump v. CASA and the recent opinion of the European Court of Justice in the question for preliminary reference concerning the Common European Asylum System to provide some remarks on the contribution of the two courts to the definition of the role of the judiciary power. The text discusses the likeliness of the two judgments to fit in an overall strategy of the two courts to re-assess their own centrality, lending credibility to the hypothesis of a second and most evolved phase of the phenomenon of juristocracy. Keywords: Common European asylum system; Juristocracy; Nationwide preliminary injunctions; Safe third countries; Separation of powers
Le inquietudini della Corte Suprema: a prima lettura di Trump v. CASA
The Supreme Court's apprehensions: a first reading of Trump v. CASA – This article examines Trump v. CASA through the lens of Grant Gilmore’s framework in The Ages of American Law. It argues that the current Supreme Court seems to be pursuing a return to a new “age of faith,” seeking historically grounded “right answers” to contemporary legal questions. Rather than reducing the case to an ideological clash between a conservative majority and a liberal minority, the analysis focuses on the legal dimensions of the decision, particularly the power of federal courts to issue nationwide preliminary injunctions. The article explores both the immediate practical effects of the ruling—possibly overstated in early commentary—and its deeper constitutional implications, especially regarding the limits of presidential power and the argumentative strategies employed by the majority and dissenting opinions. Keywords: Trump v. CASA; U.S. Supreme Court; Preliminary injunctions; Presidential power; Constitutional interpretation
Universal injunctions e tutela dell’interesse pubblico in Trump v. CASA
Universal injunctions and protection of public interest in Trump v. CASA – On June 27, 2025, the Supreme Court of the United States significantly limited Federal Court’s authority to issue universal injunctions. A crucial element of the ruling Trump v. CASA, Inc. – and one of the major differences between the majority and the dissenting opinion – is the understanding of “public interest”. What is public interest? How far may the Court go to ensure its effective protection? Can the Court protect the public interest even if this would imply the exercise of powers beyond those assigned by the Constitution, or should the Court show deference towards an “Imperial Executive”? Keywords: Supreme Court; Public interest; Universal injunctions; Executive order; Birthright citizenship
La designazione dei Paesi sicuri tra legislatore e giudice, alla luce di Alace e Canpelli, e i suoi riflessi sull’identità costituzionale
The safe country designation between legislators and judges, in light of Alace and Canpelli case, and its implications for constitutional identity – The paper provides a detailed analysis of the recent decision of the Court of Justice in the Alace and Canpelli case, examining its contradictions and the aspects that are of greatest interest to scholars of Italian constitutional law. After analysing the decision, it focuses on how the decision in question impacts the balance between legislation and jurisdiction, as prescribed by the Italian constitution, and how the approach used by the European judge shows little respect for the constitutional identity of member countries (in particular Italy). Keywords: Common European asylum system; European Court of Justice; Right of asylum; Migration law; Safe third countries
La crisi della globalizzazione cosmopolita: verso il ritorno delle economie-mondo?
Dai Lorena ai Savoia: la transizione dal Granducato di Toscana al Regno d’Italia tra il 1859 e il 1861
From Lorraine to Savoy: the transition from Grand Duchy of Tuscany to Kingdom of Italy between 1859 and 1861 – This essay aims to analyze from both a constitutional and historical point of view the dissolution of the Grand Duchy of Tuscany and the peaceful transition towards the annexation of Tuscany first to the Kingdom of Sardinia (then Italy), characterized by the departure of the reigning Habsburg-Lorraine family and the establishment of a provisional government before the plebiscite of 1860. This process, although quick and peaceful, was slowed down by the attachment of the Tuscans to the previous institutions and legislation, which were more advanced and respectful of local autonomy than those of the Kingdom of Sardinia. Keywords: Grand Duchy of Tuscany; Italian unification; Plebiscite; Institutional change; Provisional government
The end of the Duchy of Parma and Piacenza – The Duchy of Parma and Piacenza came to an end in 1859, during the Italian Wars of Independence and the broader process of national unification. After the assassination Duke Charles III of Borbone-Parma in 1854, power had passed to his wife, Louise Marie of Borbone-France, who served as regent for their son Robert I. However, due to the growing influence of the Italian unification movement and the intervention of the Kingdom of Sardinia, the ducal government was overthrown by popular uprisings in the summer of 1859. A provisional government took power, and following a popular plebiscite, the Duchy was annexed to the Kingdom of Sardinia in 1860, contributing to the creation of the Kingdom of Italy in 1861. Thus ended the independence of the Duchy of Parma and Piacenza, which became an integral part of a united Italy. Keywords: Duchy of Parma and Piacenza; Borbone; Insurrection; Plebiscite; Annexation
The end of the Ducato di Modena e Reggio – The Ducato di Modena e Reggio, despite being an absolute state, was distinguished by a rational institutional and administrative organization as well as by a constant tension towards economic and social development, which found in the legal regulation, both public and private, its stable and adequate framework. Significant public works were built (such as Via Vandelli and the Boario) and the architectural decorum of the cities, the development of the arts, sciences, literature and culture in general were encouraged, creating an exceptionally advanced state for the time, more than the Regno di Sardegna, under whose legislation the Italian unification took place. Keywords: State; Monarchy; Unity; Annexation; Efficiency
«Diviserunt sibi vestimenta mea». I tentativi di recupero dei beni personali della Real Casa di Borbone persi nel 1860
The attempts to recover the personal properties of the Royal House of Bourbon lost in 1860 – The essay reconstructs the events of the expropriation of the personal properties of the Royal family of Naples, after the end of the Kingdom of the Two Sicilies, in Italy, with the dictatorship of Garibaldi in 1860. It then analyses the attempts to recover the assets, both diplomatic and political by the King in exile and his government, and legal by some members of the royal family.. Keywords: House of Bourbon; Kingdom of the Two Sicilies; Garibaldi; Francesco II
Monarchie abolite. Lo Stato della Chiesa
Abolished Monarchies. The Papal State – The essay examines the “Papal State” as an "abolished monarchy" following its effective dissolution on September 20, 1870, with the capture of Rome by the Kingdom of Italy. The author addresses two methodological issues: the first concerns the traditional canonical view that denies a true abolition of the Church's temporal power, seeing the events of 1870 as a "partial debellatio". The second highlights the imprecision of defining the Church as a monarchy or a state, distinguishing it from the "State of the Church" as a historical political entity. Then the study traces the unicity of the Papal States as an elective, patrimonial, and theocratic monarchy and details the decline of the pontifical monarchy, starting from the French Revolution and culminating in the annexation of Rome in 1870. This event led to parallel consequences: within the Italian legal system, the “Law of Guarantees” (1871) unilaterally recognized the Pope's personal prerogatives and inviolability, while within the Church's legal system, the Pope vehemently protested, declaring himself a "prisoner" and isolating the Holy See internationally. Finally, the essay analyzes the Lateran Pacts of 1929 as the definitive legal resolution of the “questione romana” underlining that the end of the Church's temporal power and the debellatio of its State, leaded to the creation of the “Vatican City State”, a new entity characterized as an elective absolute monarchy, effectively reconstituting a form of temporal power for the Pontiff, with Italy providing substantial financial compensation for the historical loss of the Papal States. Keywords: Papal State; Pontifical Monarchy; Temporal power; Lateran pacts; Vatican City
The multi-level governance of water under the climate crisis. Two EU MS at a glance: Italy and Spain
La governance multilivello dell’acqua di fronte alla crisi climatica. Due Stati membri dell’UE a confronto: Italia e Spagna – In light of the current climate crisis, the increasing frequency and severity of extreme weather events, such as floods and droughts, coupled with the suboptimal efficiency of waterworks, necessitate a new, resilient governance approach that is more flexible, better coordinated, and inclusive. Is the water governance of EU countries prepared for the challenges posed by climate change? This article explores the challenges associated with implementing EU water policy reforms (i.e., the Water Framework Directive and the Floods Directive) in two EU Member States, Italy and Spain, by examining the evolution of institutional and legislative reforms. Keywords: Multi-level water governance; Intergovernmental relations; Italian water governance; Spanish water governance; Water reforms
Sottosegretario alla Presidenza del Consiglio e Ministro de la Presidencia spagnolo: contributo sulla struttura dei governi tra regole e dinamiche
The essay focuses on the comparison between two figures within the Italian and Spanish governments: namely, the Sottosegretario alla Presidenza del Consiglio, with functions of Secretary of the Council of Ministers, and the Ministro de la Presidencia. The thesis that is being argued is that these two roles, despite significant differences in their legal frameworks, are emblematic of the strengthening over time of the monocratic element within their respective governments. In Italy, this was formally recognized with the implementation of the last paragraph of Article 95 of the Constitution. This reflection will be conducted based on a comparison of the status, powers, and functions of these figures in the two systems, as well as their development through a combination of written sources and practices. Keywords: Government; Prime Minister; Italy; Spain; Form of government
Gender justice in India: tra judicial activism e un nuovo dibattito sullo Uniform Civil Code
Gender Justice in India: Judicial Activism and the New Debate on the Uniform Civil Code – The debate on India’s Uniform Civil Code (UCC) has shifted from secularism to gender justice. Once championed by the women’s movement, current discourse favors pluralism-sensitive approaches. Legal pluralism is now seen as intrinsic to India’s legal system, casting doubt on a top-down UCC. The Supreme Court promotes the UCC for national integration, often focusing on Muslim practices, but critics argue this reinforces Hindu majoritarianism. Feminists and scholars stress that gender inequality exists across all personal laws and call for gradual, community-based reforms that uphold women’s rights while respecting legal pluralism and India’s secular foundations. Keywords: Uniform Civil Code; Legal pluralism; Gender justice; Judicial activism; Equality
Modelli partecipativi nella gestione delle risorse idriche: Italia e Brasile a confronto
Participatory models in water resources management: Italy and Brazil compared - The article analyses water governance in Italy and Brazil, focusing on the interplay between common regulatory principles and divergent institutional frameworks. Both countries have embraced integrated basin management, participation, subsidiarity, and sustainability, but with distinct legal and administrative translations. In Brazil, the 1997 Water Law established the Comitês de Bacia Hidrográfica (River Basin Committees, CBH) as tripartite deliberative bodies with representation of public authorities, users, and civil society. In Italy, the Contratti di Fiume (River Contracts, CdF) developed as voluntary and experimental instruments of multi-level cooperation, later recognised in national legislation. The comparison highlights Brazil’s institutional stability, but at the risk of bureaucratisation, and Italy’s local flexibility, yet coupled with fragmentation. Participation emerges as the central condition for effective water policies, suggesting possible complementarity between voluntary and institutionalised models. Keywords: Water governance; Environmental participation; River contracts; River basin committees; Comparative environmental law
From Human Dignity to National Identity: The Use of Foreign Jurisprudence by the Hungarian Constitutional Court
Dalla dignità umana all’identità nazionale: l’uso della giurisprudenza straniera da parte della Corte costituzionale ungherese - This paper explores the evolving relationship between the Hungarian Constitutional Court and foreign jurisprudence from its establishment in 1990 to the present day. Adopting a thematic and partly diachronic approach, it investigates how the Court initially embraced comparative reasoning—particularly drawing from German constitutional law—to shape a robust framework for fundamental rights centered around the principle of human dignity. The study then traces a gradual shift in the Court's engagement with foreign legal sources, highlighting how political and constitutional transformations, especially after the adoption of the New Fundamental Law in 2011, fostered a more cautious and sovereignty-focused use of foreign jurisprudence. Special attention is given to key areas such as the protection of human dignity, freedom of expression, the right to a fair trial, the functioning of constitutional justice, and the articulation of constitutional identity. By analysing landmark rulings and critical turning points, the paper reveals how the Hungarian Constitutional Court’s selective use of foreign jurisprudence has moved from an instrument of democratization and Europeanization to a strategic tool for reinforcing national constitutional identity. This evolution reflects broader tensions between transnational constitutional dialogue and the assertion of constitutional sovereignty, offering important insights into the challenges facing constitutional adjudication in contemporary Europe. Keywords: Hungarian Constitutional Court; Foreign jurisprudence; Constitutional identity; Human dignity; Sovereignty
Pratiche deliberative nelle democrazie occidentali e il fenomeno dell’«authoritarian deliberation» in Cina: tendenze opposte e ambiguità dei metodi deliberativi
Deliberative practices in Western democracies and “authoritarian deliberation” in China: opposing trends and ambiguities of deliberative methods – In the context of the crisis of legitimacy of stabilized democracies beginning in the second half of the 20th century, new theorizing on the concepts of democracy and reflections on deliberative politics began to mature, providing fertile ground for those studies that today fall under the broad umbrella of deliberative democracy. However, deliberative tools have not only developed within democratic contexts. Indeed, “controlled” forms of political participation and deliberation have long found application in some authoritarian regimes. Among these, Chinese experiences are particularly significant. To indicate this phenomenon, doctrine has developed the concept of “authoritarian deliberation,” elaborated from a theoretical and conceptual distinction between democracy and deliberation. Keywords: Deliberative democracy; Representative democracy; Citizens’ assemblies; Authoritarian deliberation; Participation
Il controllo presidenziale sull’amministrazione federale attraverso il potere di nomina e di revoca: i primi 100 giorni del secondo mandato di Donald Trump
Presidential Control over the Federal Administration through Appointment and Removal Powers: The First 100 Days of Donald Trump’s Second Term – The article examines the use of presidential appointment and removal powers during Donald Trump’s second term, focusing on their impact on the constitutional balance between the Presidency and the federal administration. Special attention is devoted to removals within independent agencies and the ensuing litigation, which has reopened debate on the limits of executive authority. The essay also considers the early wave of Senate-confirmed appointments and key institutional developments, such as the creation of the DOGE and the proposed reinstatement of Schedule F, within the broader framework of the Unitary Executive Theory and the evolving strain on separation of powers. Keywords: Appointments; Presidential election; Removal power; Unitary executive theory
Dal Tamigi al Reno (passando per la Senna): Stati sull’orlo di una crisi di…governo
From the Thames to the Rhine (via the Seine): Countries on the verge of a… government crisis – This article investigates the dynamics of political instability through an analysis of three emblematic cases that have marked the biennium 2024–2025: the United Kingdom, representing a peculiar instance of a majority government in crisis, and France and Germany, which exhibit the distinctive traits of governmental breakdown. By examining these three constitutional systems, the study seeks to assess whether governmental stability still constitutes a political value to be pursued, or whether, conversely, it has become necessary to adapt to a changed institutional context. The analysis also explores whether existing constitutional or electoral mechanisms are capable of preventing potential crises of instability or, at the very least, of managing the complex interplay of political and institutional dynamics. Keywords: Crisi di governo; Governo in crisi; Stabilità; Parlamentarismo
Il Valle de los Caídos tra decostruzione e ricostruzione della memoria
Valle de los Caídos between deconstruction and rebuilding of memory – This paper provides a thorough examination of the legal status of the so-called “Valle de los Caídos” in Spain in the framework of the national and comparative management of historical memory. It explains the historical, architectural and symbolic components of the monument, as well as diachronically the distinct legal regimes applicable to the area. It focuses on the current process of resignification of the Valle, within the application of the 2022 law, examining public debates and political preferences. Keywords: Valle de los Caídos; Memory; Spanish Constitution; Democratic Transition; Francoist Dictatorship
Religious Equality within the Irish School System: A Neglected Right?
L’eguaglianza religiosa nel sistema scolastico irlandese: un diritto negletto? – The relationship between the right to education and the freedom of thought, conscience and religion has always been a complex aspect. This is particularly true with reference to the Irish school system. Indeed, the latter is characterized by the relevant role entrusted to the Catholic Church. The essay aims at analysing the problems concerning the protection of the students’ freedom of religion which affect the educational system in Ireland. A particular focus will be devoted to two key aspects, namely the school admission policy and the role of religious teaching within the curricula. Keywords: Right to education; Freedom of thought, conscience and religion; Equality; Discrimination; Ireland
République e monarchia: una complessa riconciliazione
République and monarchy: a difficult reconciliation – The article discusses how the different French regimes managed the transition with respect to the Crown Lands, and Jewels, and the private possessions of the former reigning families. The article first addresses the Fundamental Laws of the Kingdom on the succession to the Throne and on the inalienability of the Crown Lands and Jewels. The analysis then follows the forfeiture of Crown Lands and private properties of the former royal families from the Restauration until the Third Republic from the one hand and the sale of most of the Crown Jewels in 1886 under the Third Republic from the other hand. In the same year 1886, the French Parliament also passes a legislation exiling the heir apparent to the French Throne of all the former royal families until its repeal in 1950. Finally, the article examines the present-day dynastic quarrels between the Spanish branch of the House of Bourbon and the House of Orléans and the lawsuits brought by the House of Orléans against the Fondation Saint-Louis and the Institut de France. Keywords: Monarchy; Crown lands and jewels; Coat of arms; Titles; Dynastic quarrels; Exile; Confiscation
Dall’Impero alla Repubblica: il Brasile tra il 1808 e il 1889
From Empire to Republic: Brazil between 1808 and 1889 – The essay aims at highlighting the characters of the Brazilian Empire from its beginning to the overthrow. The author examines the main features of the Brazilian Empire’s Constitution of 1824, the causes of the collapse of the Empire and the following effects of this event. Keywords: Brazil; Empire; Constitution; Moderating power; Latin America
Una transizione illiberale: il declino e la fine della monarchia in Portogallo
An illiberal transition: the decline and end of the monarchy in Portugal – The end of the Portuguese monarchy marked the failure of reforms aimed at “modernizing” the administration of the Iberian State by aligning it with other European models. The period of confusion following the regicide of Carlos I in 1908 led to the triumph of dictatorship and the end of the parliamentary phase. This period also marked the beginning of the royal family’s exile, which lasted until 1950, when there were no longer any direct heirs of the last sovereign, Manuel II. Keywords: Portugal; Constitutional monarchy; Parliamentarism; Dictatorship; Lusophone constitutionalism
La caduta dell’Impero cinese e l’annichilimento del monarca deposto
The fall of the Chinese Empire and the annihilation of the deposed monarch – Although the Chinese empire had tried, between 1901 and 1911, to renew its political and legal institutions, including by resorting to foreign models, especially Japanese, this did not prevent the imperial crisis and the end of the Qing dynasty in 1912. Following the abdication, the fate of the monarch was very heavy both legally and economically, with the last emperor who, in order to live, carried out the work of gardener. Keywords: Chinese empire; Republican state; Reform attempts; Foreign models; Emperor’s abdication.
La caduta dell’Impero zarista e le conseguenze giuridiche ed economiche per la famiglia imperiale russa
“The October Revolution and its legal and economic consequences for the Russian imperial family” - The article places emphasis on the peculiar patrimonial and sacral conception that linked the Tsar and the imperial family to the Russian Empire. A concept that has its roots in the Byzantine-Orthodox "imperial-territorial" vision and which remained almost unchanged until 1917. This vision not only did not allow incisive limits to be placed on the autocratic power of the Tsar, not even with the "Constitution" of 1906, but also to reform the rules relating to assets owned by the Crown and those personally owned by members of the imperial family by establishing a clear distinction. However, it remains to be noted that to date, no claim has been made by the descendants of the imperial family on the privately owned assets of the Romanov family confiscated by the Soviet regime. Keywords: Russian Empire; Tsar’s autocratic power; Imperial Civil Code; Statute of the Russian Imperial family; Private property of members of the Imperial family
Rappresentanza senza potere e potere senza rappresentanza: cause, dinamiche e conseguenze della abolizione delle monarchie tedesche
Representation Without Power and Power Without Representation: Causes, Dynamics, and Consequences of the Abolition of the German Monarchies –The transition from monarchy to republic in Germany was almost entirely unexpected. However, a closer examination of the final weeks leading up to the Republic’s proclamation reveals that, despite appearing accidental, this shift was driven by deep-rooted issues within the German state. The dissolution of the local crowns was largely due to social and political upheaval, further intensified by belated constitutional reforms aimed at integrating previously marginalized parties. This legacy shaped the structure and stability of the Weimar Republic, which retained elements of the old Imperial Obrigkeitsstaat: the essay explores the complex relationship between past institutions and new democratic ideals. Furthermore, unlike other European countries such as Austria or Italy, the essay stresses that Germany adopted a more conciliatory approach and did not enact strict anti-monarchy legislation, allowing former royals to retain some of their privileges and property. In the final section will be examined ongoing controversies regarding the redistribution of property between the former ruling houses and the German state. Keywords: Germany; Kaiser; End of the monarchy; Form of government; Republic
Dopo la dissoluzione della Duplice Monarchia austroungarica: la questione asburgica nell’Austria repubblicana e in Ungheria
The Aftermath of the Dissolution of the Austro-Hungarian Dual Monarchy: The Habsburg Question in the Republic of Austria and in Hungary – The essay deals with the legal treatment of the legacy of the Habsburg monarchy after the dissolution of Austria-Hungary in 1918. In so doing, it develops a comparative analysis of how the Habsburg question was addressed in the Republic of Austria and in Hungary. In Austria, a defining feature of the constitutional order was a militant understanding of the republican principle, with constitutional and legislative provisions specifically aimed to prevent a restoration of the monarchy. In Hungary, the general attitude towards the Habsburg monarchy was rather ambiguous, as the form of state officially remained unchanged until 1946. By then, the Habsburg question had lost much of its relevance. Keywords: Austria; Hungary; Habsburg monarchy; Regime change; Limitations of fundamental rights
Il tramonto dell’Impero ottomano: trasformazioni, conflitti e (mancate) conseguenze
The decline of the Ottoman Empire: transformations, conflicts, and (unrealized) consequences – The fall of Empires has represented a central element in philosophical, historical, and literary thought, evoking reflections on the glorious destiny of great powers but also, and perhaps above all, on their fragilities .The interest in this topic is not surprising, considering that Empires, for a long time in the history of civilization, represented the most widespread system of domination. However, starting from the 19th century, imperial entities suffered the pressure of political, social, and economic transformations that led to the rise of nation-states. The Ottoman Empire, the subject of this study, represents an emblematic case of this dynamic. To investigate the consequences of the decline of the Empire, this work aims to briefly reconstruct its history and then analyze the events that led to political and institutional transformations in the Middle East, to the birth of the Republic of Turkey, and the legal and humanitarian consequences that these new arrangements had on minorities. Keywords: Ottoman Empire; Millet System; Ethnic minorities; Ottoman Caliphate; Republic of Turkey
Tutela cautelare e risoluzione bancaria: prevale la protezione del consumatore
Interim relief and bank resolution: consumer protection takes precedence Keywords: Effective judicial protection; Interim relief; Bank resolution
La pubblicità delle farmacie, tra libertà fondamentali e tutela della salute dei cittadini. Il test di proporzionalità in concreto dei giudici di Lussemburgo
Advertising for pharmacies: fundamental freedoms and protection of health. The European Court of Justice’s proportionality test Keywords: Freedom of establishment; Freedom to provide services; Pharmacies
Piattaforme digitali e interferenze statali: la tutela della libertà di espressione al vaglio della Corte EDU
Online platforms and state interferences: the protection of freedom of expression under scrutiny by the European Court of Human Rights Keywords: European Court of Human Rights; online platforms; take down requests
Le condizioni di salute della persona detenuta quale limite “umano” e “dignitario” al regime speciale di detenzione di cui all’art. 41-bis
The health conditions of the person in detention as a “human” and “dignitary” limit to the special detention regime under art. 41-bis Keywords: Human dignity; Right to health
Harvard v. Trump: la libertà accademica come autonomia istituzionale
Harvard v. Trump: Academic Freedom as Institutional Autonomy – Since March 2025, the Trump administration has required private universities to comply with new conditions to remain eligible for federal funding. Harvard University was the first to reject these terms. It filed two lawsuits alleging that the funding cut and the international students ban are politically motivated and violate academic freedom. This article analyzes the legal implications of the dispute in light of the jurisprudence on the First Amendment, focusing on the principles of institutional autonomy and judicial deference to academic decision-making. Keywords: Harvard; Academic freedom; Academic deference
L’ultima bozza sulle misure nei confronti degli operatori di trasporto che agevolano o praticano il trafficking o lo smuggling
The latest draft on measures against transport operators that facilitate or engage in trafficking or smuggling Keywords: Trafficking; Smuggling; Instrumentalisation; External borders; Transport
In direzione ostinata e contraria… al diritto della cooperazione internazionale: il diniego dei visti statunitensi ai rappresentanti dell’Autorità nazionale palestinese
In a stubborn and contrary direction… in violation of international cooperation law: the U.S. denial of visas to representatives of the Palestinian National Authority Keywords: ONU; Palestinian National Authority; Privileges and immunities; Permanent observers; General Assembly; United States