Papers by Maria Chiara Locchi
With an important judgement of 28 April 2021, the Supreme Court of Appeal of Malawi declared the ... more With an important judgement of 28 April 2021, the Supreme Court of Appeal of Malawi declared the unconstitutionality of the death penalty, provided for by art. 210 of the Criminal Code for the crime of murder, as it is contrary to the right to life enshrined in art. 16 of the Constitution as systematically interpreted in the light of Articles 44, 45 and 46 of the Constitution. This historic decision was hailed by many as the final step in a long process of progressively overcoming the death penalty in Malawi. This paper analyzes the important judgment from a comparative perspective and taking into account the political and constitutional context of Malawi.
The article deals with the topic of political participation and representation of Muslim communit... more The article deals with the topic of political participation and representation of Muslim communities in European democracies as a relevant aspect of the multiple transformations generated by the increasing cultural and religious diversity in European political and legal systems. The question is addressed by both a Western and Islamic legal perspective: with respect to the first one, by outlining some political and legal factors that are likely to affect the active presence of European Muslims in the political arena and identifying
some main rationales that could allow for restrictions and prohibitions against this presence in consolidated democracies; as for the second one, by discussing the notion of fiqh al-aqalliyat (“fiqh for minorities”) and exploring the different views on political participation of Muslim communities in Europe.
The social and economic crisis triggered by the Covid-19 health emergency has brought the topic o... more The social and economic crisis triggered by the Covid-19 health emergency has brought the topic of national measures of undocumented migrants’ regularization back into both the political and scholarly debate. It is a highly complex and controversial issue, which will be addressed by mentioning the role of supranational institutions (namely the European Union and the Council of Europe), providing a conventional notion of regularization based on the study of European national measures and to classifying these measures in the light of multiple parameters. The article, in particular, focuses on permanent regularization mechanisms, namely those measures aimed at ordinarily granting a legal status to irregular migrants on the basis of humanitarian protection or the acknowledgment of a fact (such as a job, long-term residence and integration into the host society). With respect to the second category of regularization mechanisms, four case studies (Germany, France, Spain and Portugal) will be finally compared in order to reflect on regularization as a useful tool to reconnect the law to the reality of social phenomena.
The difficulties of settling disputes faced with the challenge of intercultural law-The demands f... more The difficulties of settling disputes faced with the challenge of intercultural law-The demands for accommodation of cultural and religious differences in Western pluralistic societies strongly stress legal systems; cultural and religious diversity has a particularly strong impact on "settling disputes", in relation to both the implications of dealing with diversity for state courts and the potential of faith-based ADR (Alternative Dispute Resolution). In fact, on the one hand, Western judges are increasingly confronted with their changing role as possible "intercultural legal professionals"; on the other hand, faith-based mediation and arbitration raises some important questions related to women's dignity and rights to personal autonomy and self-determination.
Keywords: Compensation to crime victims; Violent intentional crime; Cross-border situation.
The present paper aims to address the impact of Brown v. Board of Education. It first sums-up the... more The present paper aims to address the impact of Brown v. Board of Education. It first sums-up the main features of the reasoning of the court; it then analyzes the impact of the decision beyond race-based segregation in schools (e.g., in public spaces, workplaces, and discrimination in school access based on gender, disability, language, ethnicity, etc.). It then analyzes the citation of the foreign legal precedent by other constitutional courts, namely that of Colombia and Czech Republic. The final aim is that of demonstrating that citation ends up being essentially rhetorical. Tag: Brown, segregation, discrimination, Colombia, Czech Republic
italianoIl saggio approfondisce alcune questioni giuridiche legate al diritto dei detenuti a mant... more italianoIl saggio approfondisce alcune questioni giuridiche legate al diritto dei detenuti a mantenere le proprie relazioni familiari ed affettive comunicando con il mondo esterno al carcere, con particolare riferimento all’utilizzo delle nuove tecnologie elettroniche di comunicazione, quali i sistemi di videochiamata (es. Skype), al fine del rafforzamento dei rapporti dei detenuti con i propri affetti. L’analisi si sviluppa a partire da una ricostruzione del quadro normativo multilivello e dalla ricognizione di alcuni significativi casi nazionali emersi nel contesto europeo, per approdare ad un esame critico dell’esperienza italiana EnglishThe essay explores some legal issues related to the right of prisoners to maintain their family and personal relationships by communicating with the outside world, with particular reference to the use of the new electronic communication technologies, such as video calling systems (e.g. Skype), for the purpose of strengthening the relations betwee...
The paper addresses some constitutional implications of state authorities’ legal responses to the... more The paper addresses some constitutional implications of state authorities’ legal responses to the health emergency related to Covid-19pandemic in Muslim-majority countries. In particular, two main keys of interpretation will be used in order to understand the political and constitutional dynamics at work in highly differentiated legal orders: on the one hand, the expansion of the Executive Power and the limitation of constitutional rights and safeguards; on the other hand, the implications of religion in the management of the crisis and the adoption of restrictive measures.
espanolEl articulo tiene como objetivo examinar criticamente las caracteristicas y los efectos de... more espanolEl articulo tiene como objetivo examinar criticamente las caracteristicas y los efectos del �ius soli", nocion compleja a la que se hace referencia demasiado simplistamente en el discurso publico sobre la ciudadania. Para ello se da cuenta de la articulacion interna de la nocion de "ius soli" en perspectiva comparada, centrando la atencion en el derecho de la nacionalidad en algunos paises de inmigracion en el sur de Europa. La reforma de las condiciones para la adquisicion de la nacionalidad no puede ser abordada desde una perspectiva puramente tecnicista y tiene que llevarse a cabo teniendo en cuenta los nuevos retos relacionados con la reformulacion de las categorias de pertenencia en contextos juridicos multiculturales y transnacionales. EnglishThe article aims to critically examine the key characteristics and effects of "ius soli", that is a complex notion too easily used in the public discourse on citizenship. To this purpose the internal comple...
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Papers by Maria Chiara Locchi
some main rationales that could allow for restrictions and prohibitions against this presence in consolidated democracies; as for the second one, by discussing the notion of fiqh al-aqalliyat (“fiqh for minorities”) and exploring the different views on political participation of Muslim communities in Europe.
some main rationales that could allow for restrictions and prohibitions against this presence in consolidated democracies; as for the second one, by discussing the notion of fiqh al-aqalliyat (“fiqh for minorities”) and exploring the different views on political participation of Muslim communities in Europe.
Attraverso un'analisi comparativa su scala globale, "La disciplina giuridica dei partiti a orientamento religioso" indaga la funzione della disciplina giuridica dei partiti a orientamento religioso in rapporto alla forma di Stato, quest'ultima considerata a partire da alcuni profili rilevanti in relazione al tema trattato (e cioè il grado e la solidità della democrazia, l'assetto dei rapporti tra Stato e confessioni religiose e l'intensità del pluralismo etnico, culturale e religioso).