The paper looks into the slow and at times controversial process of ‘Europeanising’ the Italian legal system, in order to exemplify how adaptation to changes takes place within entire branches of the state administration. Three examples are selected, all within the … [Read more...]
Toward a Lex Administrativa Culturalis? The Adjudication of Cultural Disputes Before Investment Arbitral Tribunals
Cultural phenomena are governed at national, regional and international levels; and a multiplicity of courts and tribunals adjudicate disputes with cultural elements. Against this background, this study addresses the key question as to whether a lex administrativa culturalis or … [Read more...]
Two Logics of Authority: Reason and Fiat in Modern Law
Authority is not of one kind, and authoritative directives may have different effects on the practical reasoning of their addressees. In this regard, we can distinguish between two types of authority—epistemic and decisionist. Although both are used to influence people’s … [Read more...]
Balancing and Judicial Self-Empowerment – On the rise of balancing in the jurisprudence of the German Constitutional Court –
Many critics of the proportionality principle argue that balancing is an instrument of judicial self-empowerment. This contribution challenges this critique. It argues that the relationship between balancing and judicial power is reverse. Balancing does not create judicial power; … [Read more...]
“Trade and” Environment: Diagonal Conflicts in WTO, EU and U.S. Procurement Law
Until now, the trade and environment interdependence in multi-level-governance settings has been mostly addressed through a transfer of old concepts, bound to a central nation state, onto other levels of governance, framing the trade and environment debate as a solely horizontal … [Read more...]
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