The paper deals with the US literature on the authoritarian responses to the pandemic crisis: after the analysis of the main legal tools against the virus’ spread, and a focus on the political clash between federal administration and states, the article addresses those proposals that advise for a strong executive reaction also for a new cycle of constitutionalism.
The global financial crisis of 2008 proved that a sovereign of last
resort would always rescue the financial system from self-destruction.
In constitutional democracies, stability and change are balanced
through constitutional devices and procedures. In global finance's
realm, on the contrary, no room is left for a dialectic between stability
and change. The question of how power is distributed within the
financial system is not only intrinsically connected with the analysis of
The author affords a picture of the recent scholarly debate between those advocating a return to the concept of legal certainty typical of the continental positivistic tradition and those denying such possibility, with the aim of demonstrating that both these perspectives reflect the need of taking a position vis-a-vis the institutional conflicts currently opposing judges to legislators. According to the author, both these scholarly assumptions not only are biased by such need, but tend to neglect the effective challenges which judicial ‘creativity’ raises for constitutionalism.
Illiberal regimes are generally de ned as regimes in which neither democracy nor fundamental rights are granted, and in which rule of law is substantially disregarded. Instead of attempting a taxonomy, the article gives an account of their origins and of the problems raised by their emergence in the perspective of comparative constitutionalism.
Never as in this moment has reflecting on Germany also meant reflecting on Europe. There is not one
aspect of the current European public debate that is not also present in the German political agenda.
Anti-European populism, migration’s management, sustainable economic growth, relations between
Member States and European Union, change of leadership in established political parties, fragmentation
of the electorate, difficulty in the achievement of stable and lasting government majorities: all these
© Università degli Studi di Roma "La Sapienza" - Piazzale Aldo Moro 5, 00185 Roma
