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Private and Public law lesson 1 – Forms of State forms of government - February 28, 2014-

Private and Public law lesson 1 – Forms of State forms of government - February 28, 2014-. Tommaso Senni. The main features of State ______________________________. - independence - preeminence - based on a territory - general aims. The “forms” of State ___________________________ ______.

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Private and Public law lesson 1 – Forms of State forms of government - February 28, 2014-

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  1. Private and Public lawlesson 1 – Forms of State forms of government-February 28, 2014- Tommaso Senni

  2. The main features of State • ______________________________ - independence- preeminence- based on a territory- general aims

  3. The “forms” of State • _________________________________ - The feudal society- Absolutism- The “police” State- The “modern” State (rule of law)- The socialist State- AuthoritarianismThe welfare State

  4. Centralised State Decentralised State – “regional State(s)”

  5. Institutional decentralisation Bureaucratic decentralisation Self-government

  6. Decentralisation in the Italian Constitution • _________________________________ - Article 5 of the Italian Constitution (“The Republic is a single and indivisible entity”)- Article 117 (State’s powers; common powers; Regions’ powers)- Article 119 (Financial powers and duties of the Regions)

  7. The Unions of States Confederations In particular: the European Union

  8. The constitutional elements of States • ______________________________ - Territory- People- Sovereignty

  9. Territory • ______________________________ - natural and artificial borders - Article 241 of the Italian Criminal Code: crimes against “the State territorial integrity”- Does a State survive the invasion of its territory?- “extra-territoriality”

  10. Territory • ______________________________ - territorial immunities- What about colonies?- “territorial” and “non territorial” entities- the State’s non transferrableassets

  11. People • ______________________________ - The status of citizen: rights and duties- Values and “interests” in common? (“idem sentire de re publica”- People = population? - people = nation?- Art. 11 and 22 of the Italian Constitution: gain and loss of citizenship; waiver- Non-citizens and stateless people (apolidi)

  12. What is “nation”? • ______________________________ - “multi-national” States- Articles 6, 3, 51, 9, 11, 16, 49, 67, 87, 98, 117 and 126 of the Italian Constitution:“The members of the Parliament represent the nation”“The President of the Republic represents the unity of the nation”“public employees shall exclusively serve the nation”

  13. Sovereignty • ______________________________ - Art. 7 of the Italian Constitution: the State and the Holy See- power to issue laws, administrative deeds and decisions; theories about sovereignty- Art. 1 of the Italian Constitution: people as the “holder” of sovereignty- the State is (also) sovereign?

  14. Limitations to “sovereignty” • ______________________________ - Article 11 of the Italian Constitution (limitations to sovereignty)- Regulations (or Directives) issued by the European Union- Articles 41 and 42 of the UNO Charter

  15. The forms of government • _________________________________ - Parliamentary form of government: the possible forms of parliamentary government- Presidential form of government- “Directorial” form of government

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