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Academic literature on the topic 'CONSTITUTIONAL REFORM IN ITALY'

Author: Grafiati

Published: 10 March 2023

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Journal articles on the topic "CONSTITUTIONAL REFORM IN ITALY"

1

Gambale, Piero. "The Environment and its Protection as Fundamental Principle of the Italian Constitution: A Constitutional Innovation that Looks to Future Generations?" Gdańskie Studia Prawnicze, no. 4(56)/2022 (December 15, 2022): 111–15. http://dx.doi.org/10.26881/gsp.2022.4.09.

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This article deals with two innovative aspects of Italian Constitutional Law. Firstly, the revision made by constitutional law no. 1/2022 that introduced (in art. 9 and 41 of the Italian Constitution) the principle according to which the Republic protects the environment, biodiversity, and ecosystems in the interest of future generations. Secondly, this article points out a recent trend in the constitutional reform process in Italy, particularly in the XVIII Legislature, that constitutional reforms are increasingly being implemented through specific/sectoral amendments. Apart from characterizing the indicated innovations, I also draw attention to their minor systemic consequences.

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Kholodkovskii, K. "Failure of the Constitutional Reform in Italy." World Economy and International Relations 61, no. 6 (2017): 41–47. http://dx.doi.org/10.20542/0131-2227-2017-61-6-41-47.

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Faro, Sebastiano. "Italy – New Perspectives in Administrative and Constitutional Reform." European Public Law 3, Issue 4 (December 1, 1997): 501–12. http://dx.doi.org/10.54648/euro1997047.

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Romboli, Roberto. "La reducción del número de parlamentarios y la propuesta de reforma del sistema de elección del Consejo Superior de la Magistratura en Italia." Teoría y Realidad Constitucional, no. 47 (April 29, 2021): 265. http://dx.doi.org/10.5944/trc.47.2021.30718.

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El ensayo analiza la reciente reforma constitucional llevada a cabo en Italia que ha reducido significativamente el número de parlamentarios y el proyecto de ley del Gobierno con el que se pretende reformar el sistema de elección de los miembros del Consejo Superior de la Magistratura. En relación con la primera cuestión, trata de reconstruirse la tramitación seguida para la aprobación de la ley de reforma constitucional, el referéndum constitucional de septiembre de 2020 y las razones que la han motivado. A tal objeto, se reproduce, en síntesis, el debate mantenido entre la doctrina constitucionalista durante la campaña electoral del referéndum, y se indican las adaptaciones normativas que deben hacerse para implementar la reforma. Por lo que respecta a la propuesta de reforma del sistema de elección del CSM, se analizan las razones y el contenido del proyecto de ley y los aspectos que podrían afectar al modelo de CSM definido en la Constitución.The essay analyses the recent constitutional reform in Italy that has significantly reduced the number of parliamentarians. It also focuses on the Government bill which aims to reform the electoral system of the High Council of the Judiciary’s members. Regarding the first question, the essay reviews the process followed for the approval of the reform law, the constitutional referendum of September 2020 and the reasons which inspired the reform. To this end, it reproduces, briefly, the debate held by the constitutional doctrine during the referendum’s electoral campaign, and the regulatory changes that must be made to implement the reform are indicated. On the other hand, regarding the proposed reform of the CSM’s electoral system, the reasons and content of the bill are analysed as well as the aspects that could affect the CSM’s constitutional design.

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Mangione, Gariella. "The European Dimension to the Constitution of the Republic of Italy." Comparative Law Review 28 (December 13, 2022): 411–34. http://dx.doi.org/10.12775/clr.2022.014.

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Italy was one of the countries that signed the Treaty of Rome in 1957, which created the European Economic Community. Despite initial resistance and the numerous difficulties encountered during subsequent years, the choice to commit to Europe was widely shared, becoming irreversibly embedded in the national consciousness. However, whilst other legal systems chose at various stages of their European journey to amend their constitutions by incorporating a European clause, this never happened in Italy. Italy did not change its Constitution as a result of joining the European Economic Community, and has not done so subsequently after becoming part of the European Union with the Maastricht Treaty, following the adoption of the Treaty of Lisbon, nor indeed at any subsequent stage in the process of European integration. It was only in 2001, with the reform of Title V of the Constitution involving changes in the allocation of powers between the state, the regions, and the local authorities, that the expression “Community law” was incorporated into the Constitution. Given the absence of a European clause, the relationship between the Italian Constitution and Europe has been shaped by the Constitutional Court. First and foremost, it interpreted Article 11 of the Constitution, which lays down a generic clause intended to enable the exercise of sovereign powers by international organizations, in such a manner as to bring the European project within its scope. The Constitutional Court developed its case law in its subsequent decisions, even though progress was at times hardfought, and in some cases marked by contradictions; Italy’s cohabitation with Europe was undoubtedly welcome, but this did not mean that it was painless.

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Dudaeva, Marina V. "Historical and Political Analysis of the Decentralization Process in Italy." Russian Journal of Legal Studies (Moscow) 8, no. 1 (May 27, 2021): 65–74. http://dx.doi.org/10.17816/rjls64467.

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The author of the article examines the peculiarities of the Italian political space through a retrospective analysis of that countrys longstanding decentralization process. As a starting point, the author takes the end of the Risorgimento era, during which the national liberation movement of the Italian people united against foreign domination of their fragmented nation. A periodization of the decentralization process is given, indicating its main milestones: 1) the establishment of the Kingdom of Italy (1815 to 1871); 2) the Fascist regime (1922 to 1943); 3) adoption of the Italian Constitution and the Statutes of the Special Regions (1947); 4) regional reform (1970) and; 5) constitutional reform (2001). The key criteria for assessing the degree of decentralization in Italy are considered, including whether the regions have the right to adopt their own laws, initiate legislation at the central level, and participate in international activities. The author concludes that the Italian political elite has succeeded in decentralizing the republic and building a new regional policy based on the principles of subsidiarity. The reforms of the political and legal institutional design were mainly related to the delineation of the spheres of competence between the state and the regions, the consolidation of autonomous status for all regions, the abolition of the government commissioner, and the challenge of regional legislation exclusively by the Constitutional Court, creating the basis for the quasi-federal features of the Italian political and legal system. Thus, it is natural to say that Italy belongs to a special transit form of state structure of the regionalist type, located at the juncture between unitarianism and federalism.

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Donovan, Mark. "Political leadership in Italy: towards a plebiscitary democracy?" Modern Italy 3, no. 02 (November 1998): 281–93. http://dx.doi.org/10.1080/13532949808454810.

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SummaryFollowing the collapse of the ‘First Republic’, political leadership has become both more technocratic and more charismatic. Constitutional reform of a presidential type, which would reinforce this dual trend, has come near to being effected. This paper argues that organizational changes in the main political parties bring them close to being able to participate in such a system. It also argues that a plebiscitary form of constitutional democracy, namely some form of presidentialism, could reinforce the consolidation of the nascent two-bloc party system. Finally, it argues that a political system based on two competitive party blocs could be of great benefit to the Italian polity.

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Fusaro, Carlo. "The Politics of Constitutional Reform in Italy: A Framework for Analysis." South European Society and Politics 3, no. 2 (June 1998): 45–74. http://dx.doi.org/10.1080/13608740308539537.

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Ferrari, Erminio. "Planning, Building and Environmental Law After the Recent Italian Devolution." European Public Law 8, Issue 3 (September 1, 2002): 357–65. http://dx.doi.org/10.54648/5095463.

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In this article, Professor Erminio Ferrari examines the impact of the recent Italian devolution on the system of building and planning regulation in Italy. These recent developments have taken place in the context of a constitutional reform which has altered the nature of devolved government in Italy. However, the revision failed to attend to many matters of detail, with consequential problems for interpretation and application.

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Martinelli, Alberto. "Italy : Weak State, Strong Society." Tocqueville Review 22, no. 1 (January 2001): 105–36. http://dx.doi.org/10.3138/ttr.22.1.105.

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The first constitution of the Italian nation state was the Statuto Albertino granted by Carlo Alberto in 1848 on the wave of democratic reforms in Europe to his kingdom of Piedmont, and later extended to all of Italy after the independence war of 1859-60. The Statuto provided for a constitutional monarchy and a parliamentary* democracy. It recognized fundamental rights of citizens. But it was authoritarian with respect to the powers of the head of the state and it did not prevent the Fascist dictatorship in the period between the two world wars.

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Dissertations / Theses on the topic "CONSTITUTIONAL REFORM IN ITALY"

1

Jennings, Colin. "Political conflict and constitutional reform." Thesis, University of Southampton, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.252214.

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Clarke, Gregory Eugene. "Popular sovereignty and constitutional reform in Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq23687.pdf.

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Edberg, Christoffer. "Critical Junctures and Constitutional Reform : A Single Case Study of the Agreement to hold the Chilean Referendum of Constitutional Reform." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-437900.

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Hibberd, Matthew. "The reform of public service broadcasting in Italy." Thesis, University of Stirling, 1999. http://hdl.handle.net/1893/1520.

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This thesis provides an overview to a series of reforms undertaken at RAI (Radiotelevisione Italiana), the Italian public service broadcasting company between June 1993 and April 1996. The reform process began as a direct result of the collapse of the Christian Democrats and its coalition partners after 45 years of continuous government and was initiated by the centre-left 'Technocrat' government led by the former governor of the Bank of Italy, Carlo Azeglio Ciampi (April 1993 to May 1994); it was also continued by the centre-right Berlusconi government (May 1994 to December 1994) and by the centre-left Dini technocrat government (January 1995 to April 1996). The research aims to focus on two related topics in order to fully explain the broad social, economic and political context within which the reforms took place. Firstly, especial interest wil be given to an historical analysis of public service provision in Italy in the light of the twin pressures coming from the state and market. Historically, these twin pressures have had a detrimental effect on public service broadcasting in Italy. Secondly, the research also focuses on the impact of the reform process on the functioning of public service broadcasting in Italy. It identifies four areas of RAJ's operations which merit special attention: the system of political occupation, the so-called lottizzazione; the internal network system; the devolution of Raitre; and RAI and Fininvest-Mediaset duopoly. This thesis uses a combination of qualitative and quantitative methodologies, including primary and secondary analysis and interviews with key architects of the reform process.

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Joseph, Rosara. "The war prerogative : history, reform and constitutional design." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:9b7c6ac7-6c0e-4a84-ac01-bd11732d0ef8.

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This thesis studies the evolution of the war prerogative in England from 1600-2010. It traces the historical theory and practice of the war prerogative and proposes reform of the constitutional arrangements for its exercise. It addresses three key questions. First, what have writers on political and constitutional theory said about the constitutional arrangements for the war prerogative, and, in particular, what justifications have been advanced for those arrangements? Secondly, in practice, has the executive in fact possessed sole and exclusive powers over war and the deployment of force, or have Parliament and the courts had a role to play in their exercise and scrutiny? Thirdly, are there better ways to organise our constitutional arrangements for the war prerogative, to enable a more substantive role for Parliament (particularly the House of Commons) in its exercise and scrutiny? On the first question, I show that orthodox theoretical and political discourses have continuously asserted the executive’s exclusive power over war, but the justifications advanced for that arrangement have changed over time. Those changes reflect the varying influence of different political theories at different times. On the second question, I find that, contrary to orthodox theoretical and political discourses, Parliament has played an active and substantive role in the exercise and scrutiny of the war prerogative. The courts have refused to intervene in the exercise of the war prerogative, but have been more ready to intervene in cases involving the exercise of powers incidental to the war prerogative. On the third question, I argue that reform of the constitutional arrangements for the war prerogative is necessary and desirable. I recommend the use of ‘institutional mechanisms’, which are small-scale rules and institutional arrangements, within existing institutions, which aim to promote certain normative goals. In particular, I propose a statute which would impose conditions on the executive’s exercise of its war prerogative. I argue that these proposals show that, through careful institutional design, democratic values, national security and operational efficiency can each be reconciled and promoted.

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Moore, Ede Minna. "Religious art and Catholic reform in Italy, 1527-1546." Thesis, University of Oxford, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395234.

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Mason, David (David Mark George). "Burke's political philosophy in his writings on constitutional reform." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66187.

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Schofield, Robert James. "Public health legislation and constitutional reform 1832 to 1894." Thesis, University of Reading, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.515773.

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Dlamini, Lomakhosi G. "Socio-economic and political constraints on constitutional reform in Swaziland." University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4327_1197279930.

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This study looked at socio-economic and political constraints on constitutional reform in Swaziland, an independent state with a fully autonomous government that falls under the Monarch who is Head of State. Swaziland maintains strong economic and trading links with South Africa and also maintains such ties with other states, especially in the Southern African Development Community region. Up untill 1973, the country's constitution was Westminister based. This was evoked and replaced with a system designed to facilitate the practice of both western and traditional styles of government. This system incorporated the system known as Tinkhundla and provides for the people to elect candidates to be their parliamentary representatives for specific constituencies.

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Tsang, S. Y. S. "Great Britain and constitutional reform in Hong Kong (1945-1952)." Thesis, University of Oxford, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.371769.

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Books on the topic "CONSTITUTIONAL REFORM IN ITALY"

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regionale, Piedmont (Italy) Consiglio. Riforme istituzionali e nuovo statuto: Atti e documenti della Commissione speciale per la revisione dello statuto della Regione Piemonte. Milano, Italy: F. Angeli, 2000.

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Graf, Gerda. Der Verfassungsentwurf aus dem Jahr 1787 des Granduca Pietro Leopoldo di Toscana: Edition & Übersetzung-- das Verfassungsprojekt. Berlin: Duncker & Humblot, 1998.

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3

Silvio, Gambino, and D'Andrea Antonio, eds. La riforma della Costituzione nelle proposte della Commissione bicamerale per le riforme costituzionali della XIII Legislatura. [Roma]: Philos, 1998.

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Costanzo, Pasquale. La Commissione bicamerale per le riforme costituzionali: I progetti, i lavori, i testi approvati. Padova: CEDAM, 1998.

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Panunzio, Sergio P. I costituzionalisti e le riforme: Una discussione sul progetto della Commissione bicamerale per le riforme costituzionali. Milano: Giuffrè, 1998.

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1947-, Zaccaria Giuseppe, ed. Riflessioni sulla forma di stato proposta dalla Commissione bicamerale: Seminario di studio con il patrocinio della Regione Veneto, Provincia di Padova e Comune di Padova, tenuto venerdì 12 settembre 1997 : Palazzo del Bo, Padova. Padova: CEDAM, 1998.

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Atripaldi, Vincenzo, and Raffaele Bifulco. La Commissione parlamentare per le riforme costituzionali della XIII Legislatura: Cronaca dei lavori e analisi dei risultati. Torino: G. Giappichelli, 1998.

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8

Colloquio italo-polacco sulle trasformazioni istituzionali (1st 2006 Roma, Italy). Riforme costituzionali e itinerari della democrazia in Europa: Italia e Polonia a confronto : atti del I Colloquio italo-polacco sulle trasformazioni istituzionali. Padova: CEDAM, 2007.

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Gialdino, Carlo Curti. Unione europea e trattati internazionali nelle riforme costituzionali della bicamerale. Milano: Giuffrè, 1998.

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Constitutional reform. Oxford [England]: Clarendon Press, 1991.

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Book chapters on the topic "CONSTITUTIONAL REFORM IN ITALY"

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Bettoni, Giuseppe. "Constitutional Reform and Territorial Organisation in Italy." In The Palgrave Handbook of Decentralisation in Europe, 103–22. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-32437-1_5.

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Blokker, Paul. "Populism and Constitutional Reform. The Case of Italy." In Italian Populism and Constitutional Law, 11–38. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-37401-3_2.

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Demuro, Gianmario, and Riccardo Montaldo. "The populist reforms in Italy and the instrument of the constitutionally conforming interpretation." In Populist Challenges to Constitutional Interpretation in Europe and Beyond, 160–73. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021. | Series: Comparative constitutional change: Routledge, 2021. http://dx.doi.org/10.4324/9781003148944-12.

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Pilkington, Colin. "Constitutional Reform." In Issues in British Politics, 161–82. London: Palgrave Macmillan UK, 1998. http://dx.doi.org/10.1007/978-1-349-05368-1_10.

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Atkins, Judi. "Constitutional Reform." In Conflict, Co-operation and the Rhetoric of Coalition Government, 65–86. London: Palgrave Macmillan UK, 2018. http://dx.doi.org/10.1057/978-1-137-31796-4_4.

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Dorey, Peter. "Constitutional Reform 1." In Neil Kinnock, 151–64. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003254393-16.

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Ceccherini, Eleonora. "Intergovernmental relationships in Italy." In Federalism and Constitutional Law, 65–81. Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003104469-6.

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Smith, Jeremy. "Structural and Constitutional Reform." In The Fall of Soviet Communism 1985–91, 49–56. London: Macmillan Education UK, 2005. http://dx.doi.org/10.1007/978-0-230-80273-5_9.

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Schultze, Rainer-Olaf. "Constitutional Reform as Process." In The Politics of Constitutional Reform in North America, 11–31. Wiesbaden: VS Verlag für Sozialwissenschaften, 2000. http://dx.doi.org/10.1007/978-3-663-11628-8_1.

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Hua, Shiping. "The Maoist constitutional reform." In Chinese Legal Culture and Constitutional Order, 76–91. Abingdon, Oxon ; New York, NY: Routledge, 2019. | Series: Routledge studies in Asian law: Routledge, 2019. http://dx.doi.org/10.4324/9780429203688-7.

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Conference papers on the topic "CONSTITUTIONAL REFORM IN ITALY"

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Kombarova, Elena V. "Constitutional Principles Of Russian Public Authority System With Regard To Constitutional Reform." In International Scientific and Practical Conference «State and Law in the Context of Modern Challenges. European Publisher, 2022. http://dx.doi.org/10.15405/epsbs.2022.01.54.

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Karaman, Ebru. "Structure of the Constitutional Courts in Comparative Law: Macedonia, Turkey, Germany, Austria, France, Italy and Spain." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01158.

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When the legislative has delimited rights and freedoms illegally, Constitutional Court should step in as an efficient assurance and this forcefulness is undoubtedly related to the structure of the Constitutional Court. The Constitutional Court's organization and election of the members of the Constitutional Court and status have a great importance for freedom of the Court. As a matter of fact, the only way to protect people’s fundamental rights and freedoms is possible with independent verdict. Judiciary which fulfills the function of judgment behalf of the nation and the judges who hold the judicial power, have an indispensable importance. The assurance of people’s right and freedoms could be provided only, when the court has accomplished their mission away from all kinds of pressure and influence. The freedom of judges also means their appointments, employee rights and working condition therefore; in first place, the organization of the Turkish Constitutional Court (General Assembly, Department, Division, Commission), then the election of members of the Turkish Constitutional Court and the status are compared with the regulation of Macedonia, Germany, Austria, France, Italy and Spain.

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Petrov, Vladan. "CONSTITUTIONAL REFORM OF THE JUDICIARY IN SERBIA AND EU INTEGRATION." In EU LAW IN CONTEXT – ADJUSTMENT TO MEMBERSHIP AND CHALLENGES OF THE ENLARGEMENT. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2018. http://dx.doi.org/10.25234/eclic/7096.

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Hoessein, Zainal Arifin, Syaiful Bakhri, and Ibnu Sina Chandranegara. "Environmental and Sustainable Development Policy after Constitutional Reform in Indonesia." In International Conference on Community Development (ICCD 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201017.177.

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Abustan, Hamdan Azhar Siregar, and Otom Mustomi. "Constitutional Court as the Guard of Enforcement Constitution: Is It Challenging?" In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.032.

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Semicheva, A. S. "On the issue of the need for constitutional reform in Russia." In Scientific trends: Jurisprudence. ЦНК МОАН, 2020. http://dx.doi.org/10.18411/spc-20-06-2020-01.

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Kurnia, Kamal Fahmi, Tian Terina, and Dinar Mahardika. "The Authority of Constitutional Court in General Election Results: Is It Powerful or Meaningless?" In International Conference on Law Reform (INCLAR 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200226.026.

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Saeed, Nawsherwan. "Is the constitution the problem in front of the democratic transition in Iraq?" In REFORM AND POLITICAL CHANGE. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdiconfrpc.pp171-183.

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Nearly 17 years after the US invasion, Iraq ranks first in the list of the most corrupt and least stable countries in the world. The state of instability and rampant corruption in Iraqi society since 2003 made some critics blame the constitution itself as the main obstacle to the country's democratic transition. For them, the hasty method of drafting the constitution, the absence of Iraqi constitutional expertise, and the lateral representation of Sunni Arabs are among the factors that have contributed to the precarious situation in Iraq over the past years. Likewise, critics argue that the ambiguity and ambiguity in some constitutional articles hindered its application. Amid these readings, the October revolution erupted on October 1, 2019 in Baghdad and the rest of the southern governorates of Iraq in protest against the deteriorating economic conditions of the country, unemployment, and the spread of administrative corruption. The demands of the demonstrators reached to change the constitution and amend the electoral law. Thus, the question posed in this paper is to what extent can the constitution really be an obstacle to the democratization process in Iraq? This paper discusses that the nature of Iraqi society as a deeply divided society, the absence of the previous democratic experience among the citizens, the weakness of the political culture of cooperation and tolerance among the political elites, and external interference are among the main obstacles to the democratic transformation in the country. Finally, the conclusion of the study is that despite all the criticisms and criticisms about the democratic experience in Iraq, the process of democratic transformation is slow in itself, and therefore it can be said that the process is still ongoing and has not failed yet.

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Qaui, Bouhania, and Latrish Ismaiel. "Political Governance in the Light of the Constitutional Amendment in Algeria and the Mechanisms of Political Reform (Organizing Powers as a Model)." In REFORM AND POLITICAL CHANGE. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdiconfrpc.pp13-25.

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Since the transformation of the Algerian political system in 1989, the principle of separation of powers has emerged strongly in political life, as an inevitable alternative to what prevailed in the past from the consolidation of power under the one-party system, and with the fading of manifestations of enshrining the principle in the 1996 Constitution and the subsequent amendments that contributed to Strengthening presidential dominance of power, which resulted in a clear imbalance between powers, which called for the intervention of the Algerian constitutional founder in order to introduce new reforms in line with the urgent popular demands aimed at sending promising political reforms that guarantee good political governance, especially with regard to orga…

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Kolesnikov, Evgeny V. "Constitutional Reform Within The Context Of Individual Economic Freedom Security In Russia." In International Scientific and Practical Conference «State and Law in the Context of Modern Challenges. European Publisher, 2022. http://dx.doi.org/10.15405/epsbs.2022.01.52.

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Reports on the topic "CONSTITUTIONAL REFORM IN ITALY"

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Sultenfuss, James T. Japan's Constitutional Reform Debate and the Potential for Collective Self-Defense. Fort Belvoir, VA: Defense Technical Information Center, May 2011. http://dx.doi.org/10.21236/ada546132.

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