Petecca, Daniele Erminio (A.A. 2023/2024) The relationship between unamendable: constitutional principles and democratic wellbeing: the past and present cases of Italy and Germany. Tesi di Laurea in Public law, Luiss Guido Carli, relatore Cristina Fasone, pp. 68. [Bachelor's Degree Thesis]

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Abstract/Index

Implicit and explicit unconstitutional constitutional amendments. Nature and scope of the amendment powers. Positive law, natural law and foundational structuralism. Formulation of research question. The fundamental principles in the Italian constitutional and legal system. The Albertine statute. The 1948 constitution and the fundamental principles. Art. 11 and European Union law. Contemporary proposals for change. The fundamental principles in the German constitutional and legal system. The Weimar Constitution. The 1949 basic law and human dignity. Why "basic law" and not "Constitution". Contemporary limitations to parties and art. 21. Constitutional weaknesses and democratic backsliding. The "resistance Constitutions": overcoming the legacy of the fascist ventennio and the Third Reich. The leggi fascistissime (ESP. l 2693/28) and the august 1934 referendum. Contemporary democratic backsliding. Constitutional backbones. Change for the better. New societies, old principles. Who has the final say on constitutional amendments?

References

Bibliografia: pp. 62-68.

Thesis Type:	Bachelor's Degree Thesis
Institution:	Luiss Guido Carli
Degree Program:	Bachelor's Degree Programs > Bachelor's Degree Program in Politics: Philosophy and Economics (L-36)
Chair:	Public law
Thesis Supervisor:	Fasone, Cristina
Academic Year:	2023/2024
Session:	Summer
Deposited by:	Alessandro Perfetti
Date Deposited:	12 Nov 2024 09:43
Last Modified:	12 Nov 2024 09:43
URI:	https://tesi.luiss.it/id/eprint/40319

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