South Asian Constitutionalism? A contemporary pathway towards an authentic constitutional order

Constitutional law studies have predominantly focused on legal experiences covering only part of the phenomenon of constitutionalism, in spite of an increasing interest in Asian legal systems, no longer considered ‘younger sisters’ or mere ‘carbon copies’ of Western law. This essay introduces the federal setup as provided by the Indian Constitution, emphasizing a few relevant aspects which seem necessary to understand the territorial organization of power, i.e. the system of government and the judiciary. The third part of the text deals with the main political historical events that have influenced the Nepalese legal system and its contemporary evolution. The conclusion explains why South Asian constitutionalism and its vibrant legal systems offer, now, useful instruments for the construction of general legal theory as well as an attractive toolkit for the management of social conflicts.

Los maoístas de Asia del Sur: democracia, derecho público y movimientos revolucionarios entre el ejercicio legítimo de la fuerza, las paradojas institucionales y la violencia

El ensayo, empezando por la lógica de J-F. Lyotard sobre la posmodernidad y la paradoja, afirma la capacidad de algunas experiencias democráticas no-occidentales para garantizar el orden institucional en contextos revolucionarios. A partir de una comparación diacrónica de los movimientos revolucionarios en el Asia del Sur, el artículo sostiene que discutir sobre la violencia (política y revolucionaria) en una democracia no es una contradicción lógica, sino una realización del “optimismo trágico institucional”

Essere e causalità: ontologia tomista

L'elaborato intende analizzare lo statuto ontologico dell'ente a partire dal binomio esse e id quod est, sviluppato da Tommaso nel commento al De Hebdomadibus di Boezio, specificando i concetti di partecipazione come causalità forte, e di essere come massimo estensivo e più generale

“Giustizia sociale” e Public Interest Litigation nell’evoluzione costituzionale di alcuni ordinamenti asiatici

Traditionally, the rules regarding to the locus standi, as well as the exact definition of the legal status, restrict proceedings to the sole right holder. This account could appear an easy, clear and basic legal issue, both in judicial and de iure condendo standpoints, but in some social and anthropological experiences the debate is perpetually open. In the following essay, after having illustrated the relationship between the Indian Supreme Court and the legislative and executive powers, I will draw up a legal framework of the Public Interest Litigation (PIL) in India and Nepal, for acknowledging that the definition ‘Social Action Litigation’ enhance the PIL’s role with regard to a widespread idea of social justice in the Indian subcontinent

Valori autoctoni in Asia meridionale e costituzionalismo della tradizione occidentale

The essay aims at highlighting the interconnections amongst South Asian constitutional systems, be aware of the heterogeneity of constitutional values that seem the result of the layering dynamics between autochthonous and colonial features. To this end, the analysis provides a definition of ‘constitutionalism’ relatively consistent with the historical models of the Western legal tradition. The critical development of the contribution then focuses on the classification of South Asian constitutional phenomena, in order to verify whether constitutionalism as a theoretical category—is able to encompass the forms and the structures of South Asian legal systems

Hacia la ley europea del clima : las evaluaciones científicas y el futuro papel de las respuestas jurídicas de los estados miembros

Climate issues are persistent and pervasive topics within contemporary policies and legislations, demanding an interdisciplinary approach to foster legal solutions suitable for the complexity of the subject. Paradoxically, negationist claims, instead of blocking climate actions, have fostered them, leading to the establishment of a super partes scientific body that has acknowledged climate issues through the most advanced scientific reports: the UN Intergovernmental Panel on Climate Change (IPCC). Since then, many countries have adopted the findings of the IPCC as scientific basis for developing strategic policies and legislation with the aim of combining adaptation and mitigation efforts. To this extent, the EU Green Deal and the future European Climate Law exemplify such contemporary attitude. This essay analyses the aforementioned assumptions, mainly focusing on the IPCC scientific basis and the proposed EU regulation related to climate change, as well as on the role that EU Members States? legislations will play in facing climate issues

Comparison of different oval window sealing materials in stapes surgery: systematic review and meta-analysis

To compare the efficacy and safety characteristics of different materials used for oval window sealing during stapedotomy

The Role of Quantic Molecular Resonance (QMR) in the Treatment of Inferior Turbinate Hypertrophy (ITH): Our Experience With Long-Term Follow-Up in Allergic and Nonallergic Rhinitis Refractory to Medical Therapy. Preliminary Results.

Objective: The aim of this study was to assess the long-term effectiveness of quantic molecular resonance (QMR) in the treatment of inferior turbinate hypertrophy (ITH) in allergic and nonallergic rhinitis refractory to medical therapy. Methods: This study enrolled 281 patients, 160 males (56.9%) and 121 females (43.1%), mean age 37.8 ± 4.1 years, range 18 to 71. Fifty-four patients have been lost to follow up and have been therefore excluded from the final analysis. Based on skin prick test results, 69 patients were considered allergic (group A) and 158 nonallergic (group B). All subjects underwent before surgery (T0) and 3 (T1), 12 (T2), 24 (T3), and 36 months (T4) after QMR treatment to: 4-phase rhinomanometric examination, nasal endoscopy evaluation, and visual analogue scale to quantify the subjective feelings about nasal obstruction. Results: Subjective and objective parameters showed statistically significant improvement in both groups. Group B parameters not changed during follow-up, while group A showed significant worsening between T1 and subsequent assessments. T4 outcome indicates a better result in nonallergic patients. Conclusions: In accordance with the literature, our preliminary data validate QMR treatment as a successful therapeutic option for nasal obstruction due to ITH. Nonallergic patients had a very good T4 outcome. Allergic patients showed a worsening trend after 1 year probably due to other causes

Cerebrospinal Fluid Leak During Stapes Surgery: The Importance of Temporal Bone CT Reconstructions in Oblique Anatomically Oriented Planes.

Stapes gusher is a massive flow of perilymph and cerebrospinal fluid leak that fills the middle ear immediately after surgical opening of the labyrinth, such as during stapedectomy. Stapes gusher usually occurs as the result of a congenital malformation that causes an abnormal communication between the perilymphatic space and the subarachnoid space involving the internal auditory canal or the cochlear duct. To date, the potential risk of stapes gusher cannot be assessed preoperatively, as there are not pathognomonic signs suggestive of this complication. However, high-resolution computed tomography scan (HRCT) of the temporal bone can provide information that may help recognizing patients at risk. Recently, an anatomic evaluation of the inner ear with oblique reformation at HRCT has been described. This reformation offers a new and more detailed topographic vision of temporal bone structures compared to the classic axial and coronal planes and may help identifying anatomical alterations otherwise not visible. In this article, we present a case of stapes gusher and the role of preoperative HRCT with oblique reformation in its prevention