The Italian Law Journal | ItaLJ

 SPECIAL ISSUE

The 2016 Italian Constitutional Referendum: Origins, Stakes, Outcome

edited by Paolo Passaglia

 

Introduction

by P. Passaglia

 

PART I
Constitutional Reform in Italy: Past and Present

Learning Democracy from the History of Constitutional Reforms  

by J. Luther

This article shows how the history of constitutional reforms in Italy helps its people to learn constitutional democracy. This history is first of all a history of the amendment rules that suffered derogations and have not been changed. Two stories must be told: a story of the reforms that have been approved and a story of the unsuccessful reform proceedings. […]

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The Italian Constitutional Reform of 2016: An ‘Exercise’ of Change at the Crossroad between Constitutional Maintenance and Innovation

by G. Romeo

The essay analyses the Italian Constitutional Reform of 2016, starting from provisions concerning the frame of government and specifically the overcoming of the Italian model of ‘perfect bicameralism’. The essay then explores the reform of the relationships between the State and the Regions, which were successfully reorganised in 2001 but still occupy the most significant part […]

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Yes or No? Mapping the Italian Academic Debate on the Constitutional Reform

by G. Delledonne and G. Martinico

The recent campaign for the constitutional referendum was perceived as highly divisive even in the academic world. The aim of this paper is to ‘map’ the academic debate concerning the Renzi-Boschi constitutional reform rejected by Italian people in the referendum held on 4 December 2016. This survey does not look at the contents of the reform, rather it focuses on the arguments […]

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Italy after the Constitutional Referendum: Legal and Political Scenarios, from the Public Debate to the ‘Electoral Question’ 

by E. Stradella

The aim of this paper is to illustrate and critically discuss events, debates, legal and political facts developing after the rejection of the constitutional reform by the constitutional referendum occurred in the past December. In the section I the paper takes into consideration the crisis of government, underlining its characters and peculiarities; in the section II it studies the consequences […]

 

PART II
Views on the Future of Constitutional Reform

The Constitutional Reform, between a Lost Opportunity and a Negative Outlook

by B. Caravita di Toritto

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The Paradoxes of Constitutional Reform

by P. Carrozza

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For an Effective Improvement of Our Institutions 

by U. De Siervo

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A Deadlock Difficult to Break

by G.F. Ferrari

 

PART III
Views from Abroad

Referendums, Constitutional Reform and the Perils of Popular Sovereignty

by P.J. Leyland

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Amendmentphobia

by J. Mazzone

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The Un-constituent Power of the People.
Article 138 of the Italian Constitution and Popular Referendum

by P. Pasquino

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Constitutional Reform and Constitutional Unity
Reflections on the Constitutional Referendum of 4 December 2016 and on the Judgment of the Constitutional Court no 35/2017

by D. Shefold