Sabino Cassese

Sabino Cassese
  • LUISS Guido Carli, Libera Università Internazionale degli Studi Sociali

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67
Publications
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Introduction
Skills and Expertise
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Publications

Publications (67)
Article
The role of cultural heritage—that complex of tangible and intangible testaments to our common civilization—has pervaded our common consciousness for centuries. As our communities have remained in place, gone to war with one another, lived in peace, or encountered unexpected challenges and forces of nature, questions surrounding our heritage have p...
Article
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First Chapter of the Global Administrative Law Casebook (3rd ed., 2012). The book is an attempt to analyse global administrative law through the elaboration and examination of a number of different cases and case-studies. The architecture of its contents mirrors the characteristics of this field. The first chapter (States and Global Administrations...
Book
Nell’ultimo decennio si è assistito in Italia a un boom delle riforme volte a rendere accessibili dati e documenti pubblici. Da qui la necessità di ricostruire in questo volume il complesso percorso che ha portato ad adottare a ondate successive un intricato complesso normativo sulla trasparenza, prevedendo forme di accesso reattive e proattive. An...
Article
What is behind the Republican Constitution? The members of the Constituent Assembly were not entirely aware of what they were creating. The heterogeneous character of the Constitutional Charter and the oscillation of judgments on the subject imply the necessity of a research on the history of the culture of the Constitution. Should we believe that...
Article
The two great constitutional traditions, the British and the French, converge toward constitutional review. Italy is part of this trend, but the judicialization of constitutional law has had a negative impact on its public law scholarship, which is reflected by the loss of influence of Mortati's contribution.
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This article examines the legacy of Mauro Cappelletti, the great Italian legal polymath who was internationally renowned for his vital contributions to numerous diverse legal fields. The author, who was personally acquainted with Cappelletti, first gives an overview of the celebrated jurist’s life. He then proceeds to discuss Cappelletti’s work, wh...
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Global institutions are about twenty years old. These institutions have attracted a great deal of intellectual interest, since scholarship has reacted quickly to global administrative law. And yet, the definition of global administrative law is still highly contested; its relations with international law and constitutional law are not yet settled;...
Article
This chapter addresses several arguments for and against the regulation of various global indicators. It uses the rating produced by credit rating agencies and argues that, in normative terms, the resolve as to whether a regulatory framework is needed depends on factors such as the kinds of users involved. It also presents a taxonomy of various con...
Article
Indicators are today critical to governance, national and global, because they consolidate power in the hands of those with a particular kind of “knowledge”. Furthermore, indicators have been considered “per se” regulatory devices, intentional or unintentional. As a consequence, some commentators argue that legitimacy of global indicators can be en...
Article
The constitutions of modern States may be seen somehow as a form of civil religion that is to be revered and that binds all people of a nation both ethically and legally. Reflecting on the constitutional architecture of a State means going deeper into the structure of societies, laws and mentalities. One of the foremost experts of the history of th...
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On July 2, 2009 , the Delhi High Court ruled that consensual sexual acts between adults in private are not criminal, and therefore declared that Section 377 of the Indian Criminal Code violates Articles 21, 14 and 15 of the Constitution.
Chapter
We are currently engaged in a very important intellectual exercise-no less important, indeed, than that undertaken by the 19th century “founding fathers” of public law, such as Laferrière in France, Gerber, Laband and Mayer in Germany, and Orlando and Romano in Italy. Scholars in New York, Rome, Heidelberg and elsewhere are working on a new area of...
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Sabino Cassese (born 1935) is Judge of the Italian Constitutional Court. Graduated summa cum laude in law in 1956, from the University of Pisa, where he was also a student of the "Scuola Normale Superiore", since 1961 he has served as professor of administrative law at the Universities of Urbino, Naples and Rome. He has been a member of many govern...
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The new Treaty of Lisbon brings important changes to the European construction, including a significant expansion of common policies decided by the Community method, a stable President for the European Council, a strengthened framework for external policies, more transparent and effective decision-making and strict safeguards of subsidiarity. This...
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This book, developed by the Istituto di Ricerche sulla Pubblica Amministrazione (IRPA) in Rome in conjunction with the IILJ at NYU, seeks to analyze global administrative law through the elaboration and examination of a number of different cases and case studies. The architecture of its contents mirrors the characteristics of this new field, with s...
Article
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Article
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Cassese discusses the third strategy of administrative integration, mixed or composite proceedings in which both Community and national authorities participate. Cassese analyzes how the common element takes root in the national part of the proceeding, what the national and supranational parts consist of, and the extent to which they remain distinct...
Article
As the decision of the Appellate Body of the WTO in the Turtle/Shrimp case amply demonstrated, international treaties or international organizations may impose procedural principles, like the principle of due process, upon State administrations. Given the centralization of State administrative law and the decentralized character of the relevant int...
Article
Relata a história do direito administrativo e da sua transformação ao longo da história. Trata, ainda das características, paradoxos e conseqüências dessas transformações.
Chapter
The first section of the chapter discusses the factors that give rise to a need for administrative reform in the public sector: the size and stability of public administrations means that they change less quickly than the political, economic and social framework within which they operate; and frictions periodically emerge between their two componen...
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Análise conceitual, histórica e morfológica das redes como figuras organizativas
Article
The New Regime of the Senior Civil Service in Italy : a Constitutional Change Two laws, drawn up respectively by the centre-left government (1998), then by the centre-right government (2002) ended the mandate of Senior Civil Servants in service and established that their new term would be shorter than that of the government. Whereas previously, the...
Article
The "rules of the game" are the principles applied to the regulation of economic activities, that consists of at least six features: independent regulatory authorities; single mission authorities; conditional nature; trilateral relationship; substantive due process of law; judicial review. From regulation theory to practice, three aspects come out,...
Chapter
The prime minister (or President of the Council of Ministers) in Italy is the focus of an intricate constitutional debate. Some propose direct elections for the head of government while others insist on strengthening his role by assigning prominent position to the prime minister over all other ministers. All commentators, agree, however that the po...
Chapter
Presents a comparative study of the senior civil service in Britain, France, Germany, Italy, Spain, Belgium, the Netherlands, Austria, Greece, Denmark, and Sweden, which provides information about the structures and the composition of the higher civil service, and its position in the political structure. Explores how the higher civil service has de...
Article
The report examines the relationships between public power and industry in Italy during the last quarter of the 20th century. Twenty five years ago, the legal frame was dominated by the presence of the State; competition was of secondary importance. Nowadays the situation is changed. While the State once dominated the Economy, now it is the Economy...
Article
Sumario: Le politiche comunitarie in materia di ambiente -- La formazione delle politiche comunitarie in materia di ambiente -- La giurisprudenza della corte di giustizia in materia di ambiente -- Considerazioni conclusive -- Bibliografia -- Appendici: Cronologia degli interventi comunitari. Elenco dei principali provvedimenti emanati dalla Communi...

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