Researcher:
Scotti, Valentina Rita

Profile Picture
ORCID

Job Title

Researcher

First Name

Valentina Rita

Last Name

Scotti

Name

Name Variants

Scotti, Valentina Rita

Email Address

Birth Date

Filters

2017 - 201942020 - 20214

Advanced Search

Filter by

Settings

Researcher Of Publications: search.filters.isAuthorOfPublication.ded6e97f-2d04-4c73-9afb-c79903b5ec05

Search Results

Now showing 1 - 8 of 8
  • Placeholder
    PublicationMetadata only
    The ‘executive of change’ and the 2019 crisis as a touchstone for the Italian parliamentary form of government
    (Istanbul University Press, 2019) Scotti, Valentina Rita; Researcher; Law School; N/A
    The government crisis which began on 20 August in Italy has put an end to the innovative experience of the ‘Executive of Change,’ which has challenged the traditional constitutional conventions regarding the relationship between state powers, as well as the fundamental values on which the Italian Republican Constitution grounds the legal system. The article analyses the reasons for the crisis and, moreover, the impact it has had on the role and prerogatives of the President of the Republic, the Prime Minster and the Parliament, contextualizing it in the general framework of the evolution of the Italian parliamentary form of government.
  • Placeholder
    PublicationMetadata only
    With a different name, the rose is not a rose anymore: legislative quality and gender equality in the AKP's Turkey
    (Routledge Journals, Taylor and Francis Ltd, 2021) Scotti, Valentina Rita; Researcher; Law School; N/A
    The 1982 Turkish Constitution established a legal system aimed at ensuring state efficiency and stability more than the full respect of the rule of law. in the last decade, the latter is undergoing a democratic decay. the currently dominant Islamic Populism is reinterpreting fundamental concepts of constitutional democracy to entrench a paternalistic majoritarian vision of the law-making process and of the society. This perspective undermines the principle of gender equality, confirming the denial of LGBTQIa+ rights and increasingly favouring the principle's interpretation in line with the Islamic conception of gender complementarity. Such a limitation in women's enjoyment of equality is quite striking for a country that started the process of women's emancipation and empowerment at the beginning of the twentieth century, coevally with the establishment of the Turkish Republic. Furthermore, this drift raises doubts as to the activity of the parliamentary committee on 'Equal opportunity for women and men', established in 2009 with the duty of ensuring the respect for gender equality throughout the law-making process. Does it effectively enhance gender equality in the legislation or is it a mere reputational tool? To answer this question, After having introduced the illiberal features of the current Turkish regime, the activity of the Committee is assessed against the European and Turkish standards on the quality of legislation. Finally, concluding remarks compare the Turkish case with other illiberal authoritarianisms' discourse on gender equality, underscoring to what extent the Turkish authoritarian drift entails an anti-gender evolution in line with the conservative ideological vision of several other populisms.
  • Placeholder
    PublicationMetadata only
    Constitutional dismemberment via referenda: a comparative overview
    (Universidade Federal do Parana, 2020) Scotti, Valentina Rita; Researcher; Law School; N/A
    Constitutional dismemberment is one of the main consequences attached to constitutional amendments that Albert's book analyses. After having analyzed Albert's definition, the present essay focuses on the practice of constitutional dismemberment via referendum and discusses whether, in times of populism and democratic decay, the constitutional design should provide for specific measures in order to protect the political opposition from the allegiance between the populist leadership and the majority of the population. Building on the existing literature and on a comparative analysis, the essay concludes by highlighting the pros and cons of introducing special protections for political minorities during constitutional referenda to protect democracy against populist deviations, suggesting the need to provide further studies in this field.
  • Placeholder
    PublicationMetadata only
    Constitutional amendments and constitutional core values: the Brazilian case in a comparative perspective
    (Universidade Federal do Parana, 2018) Scotti, Valentina Rita; Researcher; Law School; N/A
    The debate over the exercise of primary and secondary constituent power is a long-lasting one and is grounded on positions diverging according to the interpretation of constitutionalism and democracy, and to the conception of constitution's flexibility. In order to safeguard the sacrality of the fundamental Charter at the same time ensuring its flexibility, framers, moreover after WWII, entrenched therein both specific procedures for the exercise of the secondary constituent power and clauses for the protection of constitutional fundamentals. After the exhaustion of the primary constituent power, a relevant role has been played by Supreme Courts, which ensured the enforceability of the abovementioned clauses and procedures, and, in some cases, inferred them in the lack of explicit constitutional provisions. The Brazilian Supremo Tribunal Federal (STF) is among those Courts which had to infer their competence in reviewing constitutional amendments from the unamendability clauses entrenched in the Charter. The analysis, in a comparative perspective, of the STF's activism is the focus of this article.
  • Placeholder
    PublicationMetadata only
    The European standard of gender equality in Turkey: harmonization, cross-fertilization or reputational reforms?
    (Pergamon-Elsevier Science Ltd, 2021) Roma, Marina; Scotti, Valentina Rita; Researcher; Law School; N/A
    The present essay aims at investigating the content of the European Standard of Gender Equality (ESGE) in order to examine whether and how it permeated the Turkish legal system, in consideration of the long-lasting process of accession to the European Union (EU) the country is affording and of its membership in the Council of Europe (CoE) since 1949. Building on the theory of cross-fertilization, indeed, concluding remarks discuss whether the reception of the ESGE in Turkey was a real harmonization of the legal system, the result of a cross-fertilization implicating forms of adaptation to domestic habits or a feigned introduction of reforms in order to achieve a reputational effect, without a sincere evolution of the norms.
  • Thumbnail Image
    PublicationOpen Access
    Constitutional dismemberment via referenda: a comparative overview
    (Federal University of Paraná, 2020) N/A; Scotti, Valentina Rita; Law School
    Constitutional dismemberment is one of the main consequences attached to constitutional amendments that Albert's book analyses. After having analyzed Albert's definition, the present essay focuses on the practice of constitutional dismemberment via referendum and discusses whether, in times of populism and democratic decay, the constitutional design should provide for specific measures in order to protect the political opposition from the allegiance between the populist leadership and the majority of the population. Building on the existing literature and on a comparative analysis, the essay concludes by highlighting the pros and cons of introducing special protections for political minorities during constitutional referenda to protect democracy against populist deviations, suggesting the need to provide further studies in this field. / O desmembramento constitucional é uma das principais consequências associadas às emendas constitucionais que o livro de Albert analisa. Depois de analisar a definição de Albert, o presente ensaio focaliza a prática do desmembra-mento constitucional por referendo e discute se, em tempos de populismo e decadência democrática, o desenho cons-titucional deve prever medidas específicas para proteger a oposição política da aliança entre a liderança populista e a maioria da população. Com base na literatura existente e em uma análise comparativa, o ensaio conclui destacando os prós e contras da introdução de proteções especiais para as minorias políticas durante os referendos constitucionais para proteger a democracia contra os desvios populistas, sugerindo a necessidade de fornecer mais estudos nesse campo.
  • Thumbnail Image
    PublicationOpen Access
    Women's rights and minorities' rights in Canada: the challenges of intersectionality in Supreme Court jurisprudence
    (De Gruyter Open, 2017) N/A; Scotti, Valentina Rita; College of Social Sciences and Humanities
    After a discussion of the impact of the principle of equality, entrenched in the Charters approved in Canada since the 1867 British North American Act, this essay then focuses on the related Supreme Court's adjudications. A brief analysis of the case-law concerning gender equality is followed by the discussion of cases of Aboriginal and Muslim women with the aim of assessing whether intersectionality represents for these groups of women a source of double discrimination. Brief concluding remarks discuss the challenges deriving from the different options for accommodating the principle of equality with cultural rights.
  • Thumbnail Image
    PublicationOpen Access
    Constitutional amendments and constitutional core values: the Brazilian case in a comparative perspective
    (Federal University of Paraná, 2019) N/A; Scotti, Valentina Rita; Law School
    The debate over the exercise of primary and secondary constituent power is a long-lasting one and is grounded on positions diverging according to the interpretation of constitutionalism and democracy, and to the conception of constitution's flexibility. In order to safeguard the sacrality of fundamental Charter at the same time ensuring its flexibility, framers, moreover after WWII, entrenched therein both specific procedures for the exercise of the secondary constituent power and clauses for the protection of constitutional fundamentals. After the exhaustion of the primary constituent power, a relevant role has been played by Supreme Courts, which ensured the enforceability of the abovementioned clauses and procedures, and, in some cases, inferred them in the lack of explicit constitutional provisions. The Brazilian Supremo Tribunal Federal (STF) is among those Courts which had to infer their competence in reviewing constitutional amendments from the unamendability clauses entrenched in the Charter. The analysis, in a comparative perspective, of the STF's activism is the focus of this journal article. / O debate sobre o exercício do poder constituinte originário e derivado é duradouro e se baseia em posições divergentes de acordo com a interpretação do constitucionalismo e da democracia, e com a concepção da flexibilidade da Constituição. A fim de salvaguardar a sacralidade da Carta fundamental, assegurando ao mesmo tempo a sua flexibilidade, os seus fundadores, principalmente após a Segunda Guerra Mundial, incluíram procedimentos específicos para o exercício do poder constituinte derivado e cláusulas sobre a proteção dos valores constitucionais fundamentais. Após o esgotamento do poder constituinte originário, uma função relevante foi desempenhada pelos Supremos Tribunais, o que garantiu a aplicabilidade das cláusulas e procedimentos acima mencionados, e em alguns casos identificou-os diante da falta de disposições constitucionais explícitas. O Supremo Tribunal Federal brasileiro (STF) está entre os tribunais que tiveram que inferir sua competência de controlar a constitucionalidade de emendas constitucionais a partir das cláusulas pétreas consagradas na Constituição. A análise do ativismo do STF numa perspectiva comparativa é o âmago deste artigo.