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Verso la Convenzione ONU per la prevenzione e la punizione dei crimini contro l’umanità: ostacoli e prospettive di un percorso complesso
On December 4, 2024, the resolution 79/122 of the United Nations General Assembly convened an Intergovernmental Conference to be held in New York for three consecutive weeks both in 2028 and 2029. The purpose of the Conference will be to elaborate a legally binding instrument on the prevention and prosecution of the crimes against humanity. If adopted, the UN Convention to prevent and punish crimes against humanity would be a landmark development in the field of international criminal law because it would promote development and harmonization of national legal systems and strengthen international police and judicial cooperation in criminal matters among competent authorities. Keywords: Crimes against humanity; International Cooperation; Draft Articles of ILC; Judicial Cooperation; Convention on prevention and punishment of Crimes against Humanity
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Il federalismo nella Costituzione svizzera del 1874: un vero accentramento dei poteri?
The evolution in a centralized sense of Swiss federalism that occurred when the Federal Constitution of 1874 came into force, as a result of the total revision of the previous Constitution (1848), is a fact that is peacefully accepted in scientific literature. Starting from this premise and as a tribute to the one hundred and fifty years since that historical event, the article intends to examine in depth the nature of the increase in federal competences that took place on that occasion in order to better understand if that episode represented, in the context of Swiss constitutional history, a real centralization of powers in contrast to the traditional rules that have always governed the relationship between the federal authority and the federated entities. Summarized, for simplicity, in the sayings “everything in its own time”, “the best is the enemy of the good” and “virtue lies in the middle”, these “rules of balance” have in fact contributed to structuring and preserving the essence of Swiss federalism, giving it that distinctive pragmatism which, even today, distinguishes it from every other federal constitutional experience existing in the world. Keywords: Swiss federalism; Centralization; Total revision; Cantonal sovereignty; Subsidiarity
“ReArm Europe” e dintorni. Sulla svolta militarista e bellicista dell’Unione europea
The article deals with the European rearmament. It starts with the analysis of the key measures adopted by the European Union in the context of the Russian-Ukrainian war until the presentation of the “ReArm Europe”, later rebranded “Readiness 2030”. Then, it focuses on the features and the disruptive consequences of what I call the militaristic and warmongering turn of the European Union, which is strictly related to the rearmament: from the western supremacism which is imbued with to the questions of the (missed) creation of a common defence for Europe and the “elephant in the room” represented by Atlanticism, as well as the risk, better, the certainty, to enter in a new season of austerity for the people (also) because it is planning to earmark all the available resources for warfare programmes. Keywords: European rearmament; Western supremacism; Warfare; Military Keynesianism; Common defence and NATO
Libertà accademica e diritto di critica del docente universitario: l’impatto dell'internazionalizzazione nel sistema australiano
In 2024 Australia has registered more than a million of international students. Over the past twenty years progressive cuts to federal funding and higher education policies have caused Australian universities to become dependent on the substantial financial contributions generated by internationalization. This article analyses the consequences of this system for academic freedom among australian university professors, focusing on the key reforms in higher education and migration policy and their failure to adequately protect this freedom. Keywords: Australia; Academic Freedom; Migration; Higher Education; International Students
Il whistleblowing europeo e italiano nel panorama comparato: un “invito” al private enforcement senza l’incentivo dei meccanismi di reward
This article explores whistleblowing as a private enforcement tool in legal systems, comparing its development in common law jurisdictions (United States and United Kingdom) with its adoption in Europe, particularly in Italy. While common law systems incentivize whistleblowing through financial rewards, the European framework, shaped by the 2019 Whistleblowing Directive, prioritizes protection against retaliation. The Italian implementation reflects this approach but raises concerns about its effectiveness in fostering reporting, especially in the private sector. The absence of financial incentives may limit whistleblowing's impact compared to common law jurisdictions. This study critically examines the legal transplant’s limitations and its implications for regulatory efficiency and transparency. Keywords: Whistleblowing; Private Enforcement; Reward Mechanisms; Legal Transplant; Retaliation Protection
From Contract to Constitution: Judicial Innovation in the Iran’s Khersan 3 Dam Environmental Case
The Khersan 3 Dam project illustrates the tension between Iranian state infrastructure and environmental protection. Despite legal framework deficiencies, the resulting litigation marks a shift in environmental adjudication. In a precedent-setting move, the court annulled the project’s contract for non-compliance with Environmental Impact Assessment (EIA) requirements. This judicial oversight signals a transition toward stronger environmental governance, reflecting a growing judicial readiness to scrutinize state actions. By prioritizing environmental justice, the judgment aligns with global trends regarding the constitutionalisation of environmental rights and underscores the judiciary’s evolving role in ecological oversight. Keywords: Environmental Law; Judicial Innovation; Khersan 3 Dam; Environmental Justice
Il TAS davanti alle Corti europee: diritti procedurali e tutela giurisdizionale effettiva nei casi Semenya e Seraing
This paper comments on and compares the Semenya judgment of the Grand Chamber of the ECHR and the Seraing judgment of the EU Court of Justice, which, within a few weeks, addressed the functioning of the Court of Arbitration for Sport (CAS) and the effectiveness of its awards within the European legal system. While framing the issues from a strictly procedural perspective, the Courts certainly did not give up asserting their jurisdiction, seeking to reconcile, in a particularly slippery terrain, the specific needs of an arbitration system structured like CAS and operating at a transnational level with respect for the rights and principles of the European legal system. Keywords: Sports arbitration; Court of Arbitration for Sport; Sports European Law; Seraing case; Semenya case
La rimozione della Governatrice Cook da parte del Presidente Trump e la sfida all’indipendenza della FED
President Trump's decision to remove Lisa Cook, a member of the Board of the U.S. Central Bank, has sparked litigation that has finally reached the Supreme Court. The same dispute raises, in addition to the question of the initiative's compatibility with the principle of Central Bank Independence, the more general question of the impact of the Trump presidency on the relationship between the Federal Administration's political leadership itself and independent administrative authorities (such as the FED). From this perspective, the President's continuous attempt to extend the scope and discretion of the power to remove the heads of independent administrations such as the FED, poses delicate issues in terms of respecting the fundamental principle of rule of law, as it is capable of threatening the very structure of government based on the separation of powers, following the constant expansion of executive power. Keywords: Trump; FED; Removal power; Central bank independence; Independent regulatory agencies; Rule of law
Crisi di governo e parlamentarismo canadese in prospettiva comparata
This paper examines the recent constitutional and institutional crisis in Canada through a legal lens, focusing on key mechanisms of the Westminster parliamentary system. Triggered by mounting political pressure, economic instability, and U.S. trade tensions under the Trump administration, the crisis culminated in the early resignation of Prime Minister Trudeau, the use of prorogation to suspend Parliament, and the subsequent dissolution of the House of Commons. Particular attention is given to the constitutional framework surrounding prorogation, the dissolution of Parliament, and the legal basis for calling early elections. The study also explores the prime ministerial succession from Trudeau to Carney without a parliamentary vote, and the increasing recurrence of minority governments in Canada. These events are analysed comparatively, highlighting the adaptability of Westminster institutions. Despite the political nature of the crisis, the Canadian system demonstrated constitutional resilience and procedural legitimacy. Keywords: Canada; Westminster system; prorogation; dissolution of Parliament; minority government
Una ‘democrazia inaspettata’: la forma di governo della Mongolia fra consolidamento democratico e nuove tensioni
The article examines the salient features of the Mongolian constitutional system, with particular reference to its form of government. The various phases of Mongolia's constitutional transition are reconstructed, and a brief overview of the country's key features is provided in light of the 1992 Constitution and its subsequent amendments. Special attention is given to analyzing the fundamental structures of the form of government and its evolution over time. Finally, some general considerations are made regarding the possible evolution of the Mongolian institutional framework, also in light of the recent political tensions affecting this young democracy. Keywords: Mongolian Constitution; Democratic transition; Parliamentarism; Semipresidentialism; Constitutional Court
Le discriminazioni intersezionali: un confronto tra la Corte europea e la Corte interamericana dei Diritti Umani
This article analyzes if the provisions of the Inter-American Convention on Human Rights and those of the European Convention on Human Rights provide protection against intersectional discrimination. The study focuses on the case-law of the Inter-American Court of Human Rights and that of the European Court of Human Rights, offering a comparative analysis of the two. The findings show that, while the Inter-American Court, starting in 2015, has developed a genuine doctrine of intersectionality review, the European Court has merely characterized victims as being in a state of particular vulnerability, without ever explicitly using the term intersectionality in its decisions. Keywords: European Court of Human Rights; Inter-American Court of Human Rights; Intersectional discriminations; Principle of equality; Particular vulnerability
Recent challenges to the judicial independence of the European Court of Human Rights: rationale and available remedies
This work explores emerging challenges to the independence of the judiciary at supranational level, focusing on the European Court of Human Rights. While the scholarship has given much attention to national-level attacks on judicial independence, recently developed ways to influence the Court’s decision-making reveal a troubling new dimension. What happens when it is the independence of supranational bodies (that should protect independence at national level) that is challenged? Are there enough safeguards against such challenges? Are these challenges effective? If not, why are they even carried out? Keywords: Judicial independence; Rule of law; Interpretation; ECtHR; Living constitution
Dovere di solidarietà ed emergenza migratoria tra spazio normativo europeo e legislazioni nazionali securitarie Italia e Francia a confronto
The aim of this essay is to analyse the migration emergency to anchor measures safeguarding the rights of persons in emergency situations to the duty of solidarity as the basic principle of national and transnational legislation on migration emergencies. In this sense, by ridding immigration law of its security rhetoric and resolving the tension between the State dimension (border security) and the individual dimension (protection of foreigners and of fundamental rights), the duty of solidarity could integrate a universal hermeneutic canon of the multilevel system of guarantees for subjects living in vulnerable conditions in their own country. Keywords: Duty of solidarity; Migration emergency; Sources of law; Italy; France
Il principio di solidarietà applicato dal giudice amministrativo: una lettura comparata dell’obbligo vaccinale durante l’emergenza sanitaria
This article examines the role of the principle of solidarity in administrative judicial review during the Covid-19 emergency, focusing on the legitimacy of the vaccination mandate imposed on vulnerable professional categories. The study analyses how administrative courts have employed the principle of solidarity in Italy, France and French Polynesia. While in Italy and Polynesia solidarity operated as an integrative criterion and balancing tool, reinforcing the legitimacy of emergency measures, in continental France it remained within the framework of formal legality. The essay concludes by reflecting on the constitutional and systemic limits of judicial reliance on general principles during emergencies. Keywords: Solidarity, administrative judge; Vaccination mandate; Public health emergency, Constitutional legitimacy
Stati di emergenza, solidarietà e catastrofi naturali
This contribution offers a comparative legal analysis of the duties of solidarity in states of emergency arising from natural disasters. It explores how the principle of solidarity—both in its explicit legal expressions and implicit normative dimensions—manifests within emergency governance frameworks. Focusing on France, Italy, Spain, and the European Union, the paper investigates whether the multilevel institutional network of solidarity can function as a legal and structural counterbalance to the centralization and vertical concentration of powers typically associated with emergency regimes. The discussion further extends to climate emergency declarations, highlighting how these may broaden the legal horizon of solidarity to encompass intergenerational responsibilities and duties toward nature, suggesting novel trajectories for legal inquiry. Keywords: States of emergency; Natural disasters; Solidarity; European countries; Comparative law
Emergenza energetica, principio di solidarietà e comunità energetiche rinnovabili: dalla disciplina euro-unitaria agli ordinamenti italiano e spagnolo
This paper examines the constitutional relevance of the energy crisis in the European Union, focusing on energy poverty and the emergence of renewable energy communities in Italy and Spain. It argues that access to energy is essential for human dignity and should be recognized as a fundamental right in the context of contemporary digital societies. The principle of solidarity is identified as a key constitutional tool to address energy inequalities, requiring action by both public and private actors. The study explores how recent crises, such as the COVID-19 pandemic and the Russia-Ukraine conflict, have reshaped energy governance, leading the European Union to reinforce energy solidarity as a guiding principle. A landmark judgment by the Court of Justice of the EU is analyzed to illustrate this shift. The final section compares the implementation of renewable energy communities in Italy and Spain, emphasizing their role in promoting democratic participation, local empowerment, and a more just and sustainable energy transition. Keywords: Energy poverty; Constitutional solidarity; Renewable energy communities; Energy transition
Emergenza economica e dovere di solidarietà. Alcune note di comparazione
The paper explores the legal dimension of the principle of solidarity in times of economic emergency, with a focus on the constitutional experiences of Spain and Portugal. It analyses how financial crises have challenged the balance between fiscal sustainability and the protection of fundamental social rights. By comparing the case law of the respective constitutional courts, the study highlights diverging judicial responses to austerity measures. The Portuguese court adopted a rights-protective stance, while the Spanish court showed deference to executive power. The paper questions whether economic crises justify emergency-like legal frameworks. It argues that structural limitations on social rights, lacking temporary character, undermine democratic constitutionalism. Ultimately, it emphasizes the normative relevance of solidarity as a binding constitutional principle, even in economic downturns. Keywords: Constitutional solidarity; Economic emergency; State of emergency
La solidarietà dell’art. 122 TFUE come base giuridica per il Regolamento SAFE nell’ambito di ReArm Europe/Readiness 2030: un eccessivo ricorso a una logica emergenziale?
This contribution focuses on Regulation (EU) 2025/1106 establishing the Security Action for Europe (SAFE) – proposed by the European Commission on 19 March 2025 and adopted by the Council on 27 May 2025 – and more specifically on one particular aspect of such instrument: the legal basis used for its adoption, namely art. 122 TFEU. The latter, in a spirit of solidarity, allows the Council to adopt – in emergency situations and under specific conditions – important economic policy measures, but entirely excludes the European Parliament from the procedure. Therefore, the paper will seek to assess whether the Commission’s decision to rely on this provision as the basis for the SAFE Regulation is sound or not. Subsequently, especially in the latter case, it will examine whether such use of this article represents an isolated case or is indicative of a specific trend, in particular with reference to the application of the principle of solidarity. Keywords: Regulation (EU) 2025/1106; Security Action for Europe (SAFE); ReArm Europe/Readiness 2030; Art. 122 TFEU; Solidarity
Le responsabilità del Re. Costituzioni, militari e caciquismo da Cadice alla Seconda Repubblica
In this work, the authors retrace 120 years of constitutional, political and social history from Cadiz to the Second Republic. The search for the causes of the abolition of the Monarchy in 1931 has taken many directions exploring all the points of fragmentation that have emerged over time, from regionalism to the labour movement, which challenged persistent elements of the old regime, such as caciquismo and praetorianism, a constant feature of the 19th and much of the 20th centuries. The Authors focus on the much-debated and divisive issue in Spanish doctrine of the King’s responsibility for the failure of the parliamentary monarchy to evolve and for the advent of the dictatorship, within an explanatory framework centered on the triad “monarchy, religion and the army”. Keywords: Performing monarchy; Military; Undeveloped parliamentary system; Caciquismo; Monarchy and religion
Una Corona imposta nella “culla della democrazia”: la complessa vicenda della monarchia ellenica e delle sue rivendicazioni patrimoniali
A Crown imposed in the "cradle of democracy": the complex affair of the Hellenic monarchy and its patrimonial claims - The essay, after describing the history of the Greek monarchy and the events that led to its downfall, analyses the issues related to the Royal Family’s properties. Keywords: State Property; Former Kings; Monarchy; Greece; CEDU
Bulgaria: l’ultimo Regno sottratto alla Sublime Porta
The essay, after briefly describing the history of the Bulgarian monarchy and the events that led to its downfall, analyses the attempts of the former Kings to obtain the restitution of their properties. Keywords: State Property; Former Kings; Monarchy; Post-communist countries; Cedu
Ascesa e declino della dinastia Karađorđević in Serbia
The article traces the history of the Karađorđević dynasty in Serbia, starting from its origins in the 19th century to the establishment of the Kingdom of Yugoslavia. It then covers the abolition of the monarchy, the exile of the Karađorđević family, and their return. The article aims to evaluate the current role of the Karađorđević family in Serbia and their future prospects. Keywords: Karađorđević dynasty; Kingdom of Yugoslavia; Socialist Federal Republic of Yugoslavia; Serbia; Liberal conservatism
La Romania: dalla Corona alla Repubblica Popolare e l’attualità della Casa reale
This article analyzes the complex historical and constitutional trajectory of Romania, tracing its path from the liberal state, through the authoritarian monarchy, to the definitive fall of the Crown and the subsequent rise of the Communist regime. A primary focus is placed on the dramatic events surrounding the "anomalous" abdication of King Michael I on December 30, 1947, which was executed under military and political pressure from the effectively controlled executive. This pivotal event led to the express abrogation of the 1923 Constitution and the proclamation of the Romanian People's Republic, later codified by the 1948 Soviet-style Constitution. The study also reviews the preceding phases, including King Carol II's dictatorship, the country's involvement in World War II, and the brief constitutional restoration (1944–1947) that highlighted the collapse of constitutionalism. A substantial portion of the paper is dedicated to the aftermath of the Communist regime, examining the ongoing and complex processes of the Royal House's institutional rehabilitation, including attempts at formal legal recognition (2016-2017), and the intricate patrimonial issues. This includes an analysis of property restitution laws, the significant 2005 Constitutional Court ruling on the principle of equality and state property, and the current international litigation concerning a presumed royal art collection.
La Monarchia abolita di Zog I, primo e ultimo re d’Albania, e i suoi strascichi
In the history of Albanian public law, an important phase, in addition to the Constitution of the Albanian Republic of 1925, is represented by the Monarchy of King Zog I, from 1928 to 1939. During this period, an authoritarian centralization of powers occurred, but stability was also guaranteed to Albanian society, and a deep reform of the Albanian legal system was also initiated, according to Western models. In 1939, however, the aggression by fascist Italy to Albania abruptly put an end to the Albanian Zogist Monarchy. Keywords: History of Albanian constitutional law; Constitution of 1925; Transformation of the Republic into a Monarchy; Italian occupation of Albania; End of the Reign of Zog I
The European Union against Russia’s shadow fleet: sanctions, circumvention and hybrid threats
Keywords: EU sanctions against Russia; Shadow fleet; Circumvention; Hybrid threats; Designations
Protezione dei dati personali e pluralità dei poteri pubblici: il coordinamento tra tutela inibitoria, sanzioni amministrative e responsabilità civile nel GDPR
Keywords: Regulation (EU) 2016/679; Non-material damage; Data protection authorities
La genotossicità del biossido di titanio tra risk assessment e precauzione
Keywords: CJEU; CLP classification; Risk assessment; Precautionary principle; Titanium dioxide
Funzione consultiva e tempi della democrazia partecipativa nell’esperienza spagnola. Un’inefficace contestualità nei procedimenti di valutazione d’impatto ambientale
Keywords: Environmental impact assessment; Participation in rulemaking; Notion of advice in E.I.A
La decisione inesistente pronunciata da un giudice illegittimo: il dilemma interpretativo alla base della decisione C-225/22 AW «T» della Corte di Giustizia
Keywords: Poland; European Court of Justice; Tribunal established by law; Primacy of EU Law; Null and Void
Ne bis in idem e terrorismo internazionale: la Corte ribadisce il primato della materialità delle condotte. Nota a margine della sentenza MSIG
Keywords: Ne bis in idem; Terrorism; Criminal jurisdictional cooperation
Il trattamento automatizzato nella valutazione del merito creditizio
Keywords: Credit scoring; Supervision; ICT tools
L’uso degli Pseudonimi e gli obblighi informativi del titolare del trattamento: la Corte di Giustizia chiarisce i limiti dell’art. 3 reg. (UE) 2018/1725
Keywords: Data protection; Pseudonymisation; Personal data
Le aspettative legittime negli appalti pubblici. La visione del giudice europeo
Keywords: Legitimate expectations; Legal certainty; Conduct of public administration
La Corte EDU torna sul contenuto procedurale dell’obbligazione climatica. Prime note a Greenpeace Nordic e altri c. Norvegia
Keywords: ECHR; Climate litigation; Climate obligations; Fossil fuels; Downstream emissions
La disobbedienza climatica per la prima volta al vaglio della Corte EDU: l’iniziativa «Décrochons Macron» tra libertà d’espressione e sanzioni penali
Keywords: Climate disobedience; Freedom of expression; Criminal sanction
La Corte EDU ridefinisce i confini della tutela dei diritti fondamentali nell’arbitrato sportivo: analisi a Semenya c. Svizzera
Keywords: Sports arbitration; Extraterritorial jurisdiction; Fair trial
Beyond Presumed Safety under Dublin System: Gender-Sensitive Non-Refoulement in K.J. v. Switzerland (2025)
Keywords: CEDAW; Non‑refoulement principle; Dublin III regulation; Gender-based violence - trauma‑informed assessment
Dalla misura cautelare CIDH alla misura provvisoria della Corte IDH: il caso Glas Espinel e l’effettività della tutela d’urgenza
Keywords: Inter-American Court of Human Rights; Human rights law; Provisional measures; Detention conditions
Forging an “African Forum” for Interstate Human Rights Disputes: Jurisdiction, Extraterritoriality and Subsidiarity in DRC v. Rwanda
Keywords: African Court on Human and Peoples’ Rights; Interstate applications; Extraterritorial jurisdiction; Armed conflict in Eastern DRC; African Charter on Human and Peoples’ Rights
Funzione interpretativa e limiti della legge in una democrazia costituzionale fragile: il caso senegalese
Keywords: Non-retroactivity of criminal law; Amnesty law; Law of authentic interpretation
La proporzionalità nella scelta degli obiettivi militari. Nota alla sentenza BVerfG, 2 BvR 508/21 (Drohneneinsatz Ramstein)
Keywords: Drone strikes; Extraterritorial duty to protect; Proportionality
Anatomia di una caduta: la fine della Corona d’Egitto-Sudan e la rivoluzione di Nasser
Among the monarchies that were abolished during the XX Century, a prominent role is filled, arguably, by Egypt. The facts of July 1952 identify, on the one hand, a clear breaking point of the postcolonial plans on the Middle East and North Africa regions, representing the first large collapse of an established monarchy; on the other hand, it stands in opposition to the region’s predominant trend, which still sees many royal families remain in office. The abolishment of the Crown of Egypt-Sudan marks a shift in the country’s history to a model of Arab socialism inspired by the leader of the Revolution, Gamal Nasser. In the background, the royal family suffered exile and dispossession, but this was not followed by any claims. More recently, there has been growing, if slight, nostalgia for the old regime. Keywords: Nasserism; Egyptian Revolution; King Faruq I; Monarchy nostalgia; Middle East and North Africa
Una monarchia assoluta senza autonomia: il tramonto della dinastia regnante tunisina
The essay investigates about the transformation of the beylical regime in Tunisia in Monarchy. The process is deeply driven by foreign states (especially France) which de facto restrict the sovereignty of the country. Building on this framework, special attention will be devoted to the analysis of several events which represent pivotal acts of constitution-making: the establishment of Beylical regime, the experience of the liberal Constitution of 1861, the establishment of the French Protectorate, the authoritarian post-independence Constitution of 1959. Keywords: Monarchy; Beylical system; Constitution-making Process; Protectorate
Avvento e tramonto di una monarchia: Libia, 1951-1969
Firstly, the essay deals with the evolution of the Libyan monarchy, from the proclamation of independence (1951) to the coup d’état (1969) leaded by Muammar Gaddafi’s Free Officers; then, it analyses the legacy of the Senussi dynasty during the Gaddafi era, and from his death (2011) until today. Keywords: Libya; Senussi monarchy; Coup d’état; Gaddafi; Libyan petroleum law of 1955
La dissoluzione dell’Impero d’Etiopia: anatomia di una rottura rivoluzionaria
This essay offers a comprehensive constitutional analysis of the dissolution of the Ethiopian Empire, framing the 1974 revolutionary overthrow as a paradigmatic instance of extra-constitutional regime change. It examines the Derg’s deployment of exceptional punitive measures, the systematic dismantling of the imperial legal order, and the construction of a new authoritarian architecture grounded in military power rather than normative legitimacy. The paper also explores post-monarchical litigation, disputes over confiscated assets, and the contested preservation of imperial memory, highlighting the profound legal discontinuities that have shaped Ethiopia’s subsequent constitutional trajectory. Keywords: Ethiopian Empire; Abolition of the monarchy; Transitional justice; Post-monarchical sanctions; Africa
Eredità controverse: la dinastia Pahlavi nell’Iran contemporaneo
The paper outlines the significant causes and events that led to the collapse of the Iranian Pahlavi dynasty in 1979. It also analyses two aspects of its controversial legacy in contemporary Iran. The first one concerns the long and troubled dispute regarding the so called “Pahlavi assets” (properties, in the United States, within the control of the estate of the last Shah or of any close relative of the last Shah), that began as early as a few days after the revolutionary government took office. The second one discusses the potential political involvement of Reza Cyrus Pahlavi, the eldest son of the last Shah, in efforts to overcome the current Iranian regime and facilitate a constitutional transition. Keywords: Iran; Pahlavi; Scià; Repubblica islamica; Iran-United States Claims Tribunal
Il tramonto della monarchia afghana: il difficile equilibrio tra tradizione e modernità
This contribution examines the historical evolution of the Afghan monarchy, from the emergence of its first, embryonic form to the fall of Zahir Shah in 1973. A special focus will be devoted to the so-called “Zahir’s option”, the idea to restore the monarchy during the Bonn negotiations in 2001. The paper highlights the role of the monarchy in fostering national unity in a fragmented context and the tensions posed by modernization to the monarchy’s existence. The paper argues that the Afghan case well illustrates S. Huntington King’s dilemma. Keywords: Afghanistan; Monarchy; Constitutional monarchy; Constitutional reforms; Ethnic conflicts
Le transizioni politico-giuridiche del Nepal e il relativo sviluppo costituzionale: dalla monarchia alla repubblica, da un sistema egemonico a uno partecipativo
The contribution addresses the role of the Nepalese monarchy from the origins of the Shah dynasty up to its abolition. To this end, the contribution engages the main topic through an interdisciplinary approach (historical-anthropological and political) and comparative law methodology by means of a diachronic analysis of constitutions. The first paragraph exposes the events between 1743 and 1959, i.e., from the unification of the kingdoms in the northern area of the subcontinent to the power conflict between the Shah and Rana dynasties. The second paragraph focuses on the Panchayat System, the Jana Andolan of 1990 and the reintroduction of political parties. The following paragraphs analyse the events that led to the massacre of the royal family in 2001 and the transition phase from monarchy to republic. Keywords: Diachronic comparison; Monarchy; Republic; Shah dynasty; Nepal
Le monarchie cessate: l’esperienza italiana nella prospettiva comparata. Riflessioni finali sulla sezione monografica
The first part of the essay analyses the transition from monarchy to republic in the Italian legal system, focusing on the constitutional choices made to guarantee the irreversibility of the republican form of government and to sanction the Savoy dynasty. At the centre of the investigation is the XIII transitional and final provision of the Constitution, interpreted as a rule with a dual function: guaranteeing the institutional structure and serving as an instrument of political and symbolic responsibility. A special attention is paid to the patrimonial dimension of the transition, with reference to the Crown Jewels affair and recent case law. The analysis concludes with a comparative European overview and a reflection on the meaning of ‘constitutional memory’ in the Italian experience. In the second part this article analyses the cessation of monarchies as an autonomous category of comparative public law, distinct from ordinary regime change and democratic transition. Drawing on a wide and geographically diverse set of cases, it shows that the end of monarchy rarely results from a purely legal procedure and almost always originates in extra-juridical events such as war, revolution, military coups, foreign intervention, or deep legitimacy crises. Law typically intervenes ex post, stabilising and rationalising a rupture already produced at the political level. Focusing on modes of abolition, legal instruments, treatment of dynasties, and royal property, the article highlights the tension between constitutional continuity and institutional rupture, and interprets ceased monarchies as a privileged laboratory for analysing constituent power in modern constitutional orders. Keywords: Italian constitutional transition; Abolition of monarchy; Constitutional sanctions; Crown property; Ceased monarchies; Constitutional rupture; Regime transition
Il regime politico della Terza repubblica francese
The constitutional laws of 1875 were the result of a long and complex founding process, whose outcome was the first "parliamentary republic" in European history, Their actual working has been sensibly different from the model that may be read in their text, inspired to an orleanist type of parliamentary government. After the constitutional crisis of 1877, the practice has created an unbalanced parliamentary system of government, under the hegemony of the two Chambers of Parliament, with a weak President and an unstable Cabinet. Yet, the republican constitution adopted in France in 1875 has been the base on which the principles of the French revolution have shaped a stable republican form of government, that lasted for almost 70 years and that became a model for other European constitutions after the end of World War I. The article tries to explain the actual working of the French institutions between 1870 and 1940 and their distance from the constitutional laws that regulated them. Keywords: Parliament; Council of ministers; Senate; Political instability; Cabinet crisis
La III Repubblica. Regime di Assemblea o regime parlamentare “inautentico”? André Siegfried o Robert Redslob
Two great contemporary scholars debate the form of government of the Third Republic, the only long-lasting “parliamentary republic” between the 19th and 20th centuries. André Siegfried takes a largely positive view of a regime in which, since 1877, the power to dissolve the Chamber (provided for in the Constitution) has no longer been exercised, while the Chambers retain the power to bring down governments. Robert Redslob, instead, deems “inauthentic” a parliamentary form of government lacking the balance of the no-confidence-dissolution mechanism, an "absolute parliamentarism" in which government crises are never resolved by appealing to the people. Keywords: Constitutional history; Orleanist monarchy; Parliamentary government; No confidence/dissolution mechanism; Popular sovereignty
Una Costituzione allo sbando: il crollo della Terza Repubblica
The three Constitutional Laws of 1875 ceased to exist on 10 July 1940, when the two chambers, meeting as the National Assembly, granted Marshal Pétain full powers to enact a new Constitution. This event was not merely a consequence of France’s military defeat. It was a parliamentary suicide instigated by the supporters of a dictatorial State. The Third Republic revealed a lack of institutional safeguards against authoritarian pressures. The shortcomings of the Constitutional Laws and established practices were compounded by the entirely inadequate conduct of the presidents of the Chamber of Deputies and the Senate, as well as that of the President of the Republic. Keywords: Parliament; Constitutional Revision; Second World War; Republican tradition; Full Powers