325 research outputs found

    The 2017 Constitutional Reform in Malawi: the ban of child marriage as a step in the process of building a true democracy

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    In 2017 the Malawian Parliament adopted a constitutional amendment that forbade child marriages and stated that both boys and girls could wed only from the age of eighteen. Nevertheless, Malawi is still facing many issues dealing with basic human rights, such as women equality. Nowadays, Malawi can be considered as a rather young democracy, that is hold back by some of its own religious beliefs and traditions. The purpose of Malawi legislative and judiciary bodies is to ensure fundamental rights: in fact, without equality people could not significantly take part in political and social activities. The present work therefore considers the above-mentioned constitutional amendment concerning the ban of child marriage, adopting a double perspective, both a comparative and a legal realism approach. In this way, we come to understand that it is thanks to the action of the legislative bodies, international organizations, constitutional justices and cultural leaders that society can truly evolve and guarantee fundamental rights, such as parity and dignity for all its citizens

    Donne e rappresentanza politica: la prospettiva comparata per valorizzare la differenza di genere

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    As history teaches us, both social and institutional changes have given women the right to participate in politics. Nevertheless, discrimination based on sex – regarding the access to public office – still remains a dreadful problem, common to contemporary democracies. In order to solve this particular issue, the so called positive actions have been introduced. Unfortunately, this means cannot be considered as sufficient: for this reason, comparing different legal systems is the principal method and the only way to guarantee equality in nowadays Italy. Through it, we manage to understand the importance of local entities and of the constitutional justices’ work, in order to educate the whole society valuing the new idea of “gender citizenship”

    La parità tra uomini e donne nell’accesso alle cariche elettive degli Ordini professionali: uscire dalla gabbia degli stereotipi di genere.

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    Equality between men and women is a fundamental value shaped in Italian Constitution, which finds one of his most important expression in article 51 of the Constitution itself, with reference to equal opportunity in gaining public positions. This is the reason why this is a common issue in our contemporary society, as legal experts – valuing an approach focused on reality – can testify. Nowadays, women face discrimination in the access to public offices, even in the councils of professional orders. This problem is even more significant if we grab our attention to the recent judgement in the administrative field, regarding the rules for the election of the components of the councils of the Ordine dei commercialisti. The purpose of this article is to demonstrate the opportunity – and necessity – of positive actions in order to guarantee equality and in order to free women from gender stereotypes

    Le minoranze etniche nell’industria cinematografica: profili costituzionali di inclusione sociale.

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    Protecting arts and entertainment is one of the most important features of Italian Constitution. In the last few years, the cinematic industry has described many challenges that characterize contemporary legal systems. As a means of representing nowadaysdemocracies, this form of art is a significant tool to reach equality. In particular, movies have an important role in the education of citizens, giving the opportunity to value social inclusion, especially with reference to ethnic minorities

    “Eppur si muove”: timide riforme del Regolamento della Camera dei deputati

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    2020 constitutional reform – that has led to the reduction of the number of Italian MPs – caused a necessary revision of the parliamentary regulations. This is the reason why the Senate approved innovative prescription in July 2022, while the Camera deideputati has little done. This chamber, in fact, only changed the numerical composition of its groups and commissions in November 2022. Nevertheless, it is vital a complete and groundbreaking revision of these regulations, that contributes to a new functioning of the Parliament itself. In this way, we can understand the strict connection between the Italian Constitution, the parliamentary regulations and the political parties’ system. Therefore, we can analyze how this relationship influences on the Italian form of government, defying its nature and characteristics

    L'Arma dei Carabinieri, "guardia" dell'articolo 9 della Costituzione italiana. Nuove prospettive in tema di tutela del paesaggio

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    The Corpo Forestale dello Stato – that had the function of protecting the natural landscape – has been merged into the Arma dei Carabinieri, after a reorganization of the Italian security forces. This choice is based on the very strong presence of the Carabinieri in small realities and on their skills in guarding the environment. In particular, the importance of the value, expressed by article 9 of the Italian Constitution, has given the chance to analyze two different aspects. On one hand, this work will focus on the concrete means used by the Carabinieri to shield Italian landscape. This is the reason why it is fundamental to stress the different assignments given to the State and the Regions, taking into account the existing differences with the Regions with special statutes. On the other hand, the present work will explore why it is important to give to the Arma dei Carabinieri the task of protecting Italian natural landscape, considering also the latest legislative proposals
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