Giuseppe Martinico's Books

Filtering Populist Claims to Fight Populism

The Italian Case in a Comparative Perspective

By: Giuseppe Martinico

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Filtering Populist Claims to Fight Populism

The Italian Case in a Comparative Perspective

By: Giuseppe Martinico

The new wave of populism that has emerged over the last five years in Europe and in the US urgently needs to be better understood in a comparative and historical context. Using Italy – including the experiment of a self-styled populist coalition government – as a case study, this book investigates how populists in power borrow, use and manipulate categories of constitutional theory and instruments of constitutional law. Giuseppe Martinico goes beyond treating constitutionalism and populism as purely antithetical to dive deeply into the impact of populism on the activity of some instruments of constitutional democracy, endeavoring to explore their role as possible fora of populist claims and targets of populist attacks. Most importantly, he points to ways in which constitutional democracies can channel populist claims without jeopardizing the legacy of post-World War II constitutionalism. This book is aimed at academics and practicing lawyers interested in populism and comparative constitutional law.

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Page Count

225

Publisher

Cambridge University Press

Published Date

ISBN 10

1108853439

ISBN 13

9781108853439

The Tangled Complexity of the EU Constitutional Process

The Frustrating Knot of Europe

By: Giuseppe Martinico

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The Tangled Complexity of the EU Constitutional Process

The Frustrating Knot of Europe

By: Giuseppe Martinico

Despite, or perhaps because of, the rejection of the EU Constitutional Treaty eventually leading to the adoption of the Lisbon Treaty, the debates concerning the European Union's constitutional framework continue. This book builds on the discourse in European Union constitutionalism in order to offer a novel analysis of the EU's constitutional developments. The book considers the constitutional trends of the process of EU integration before applying a transdisciplinary concept of complexity developed in the work of Edgar Morin to the EU. In doing this Giuseppe Martinico sets out a unique account of EU constitutionalism which argues that the EU legal order is a complex entity which shares some features with complex natural systems. The book then goes on to explore the methodological implications of such constitutional complexity for the study of EU law.

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Page Count

210

Publisher

Routledge

Published Date

ISBN 10

0415688191

ISBN 13

9780415688192

The Interaction Between Europe's Legal Systems

Judicial Dialogue and the Creation of Supranational Laws

By: Giuseppe Martinico,Oreste Pollicino

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The Interaction Between Europe's Legal Systems

Judicial Dialogue and the Creation of Supranational Laws

By: Giuseppe Martinico,Oreste Pollicino

This detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. the Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.

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Page Count

273

Publisher

Edward Elgar Publishing

Published Date

ISBN 10

1781005664

ISBN 13

9781781005668

The Tangled Complexity of the EU Constitutional Process

The Frustrating Knot of Europe

By: Giuseppe Martinico

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The Tangled Complexity of the EU Constitutional Process

The Frustrating Knot of Europe

By: Giuseppe Martinico

Offering a fresh view on the EU constitutionalisation process, the new edition of The Tangled Complexity of the EU Constitutional Process presents three main points: the idea of constitutional complexity, the tension between constitutional evolutionism and constitutional constructivism in the process of European integration, and the functional nature of conflicts in the evolution of the EU. Because of its prodigiousness, European law produces consternation among constitutionalists accustomed to traditional patterns of power. This book argues that while constitutional conflicts have frequently been depicted as elements of disturbance along the path towards legal coherence, they are physiological and might even be functional to the development of the European legal order, which should not be understood in a deterministic manner. The new edition will be of particular interest to academics and students in the disciplines of law, international relations, and political science.

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Page Count

175

Publisher

Taylor & Francis

Published Date

ISBN 10

1000630692

ISBN 13

9781000630695

Book's by Giuseppe Martinico

Filtering Populist Claims to Fight Populism

Filtering Populist Claims to Fight Populism

The Tangled Complexity of the EU Constitutional Process

The Tangled Complexity of the EU Constitutional Process

The Interaction Between Europe's Legal Systems

The Interaction Between Europe's Legal Systems

The Tangled Complexity of the EU Constitutional Process

The Tangled Complexity of the EU Constitutional Process

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