Marco Goldoni
University of Glasgow, School of Law, Faculty Member
Research Interests:
The new economic governance of the Eurozone has heavily impacted on social rights, in particular in the most indebted Member States. This chapter reconstructs the logic behind the attack upon social rights by adopting a materialist... more
The new economic governance of the Eurozone has heavily impacted on social rights, in particular in the most indebted Member States. This chapter reconstructs the logic behind the attack upon social rights by adopting a materialist approach (i.e., critique of the political economy) and it provides a strong criticism of the functionalist attitude adopted by EU institutions in the aftermath of the crisis.
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Some time after the publication of The Human Condition, Arendt had submitted a proposal to the Rockerfella Foundation in which she had set out her plans to consider the various modi of human plurality and the institutions which... more
Some time after the publication of The Human Condition, Arendt had submitted a proposal to the Rockerfella Foundation in which she had set out her plans to consider the various modi of human plurality and the institutions which correspond to them.1 In this project, to be ...
AbstractConstitutional pluralism seems to be one of the most inspiring theories of European constitutionalism. It can account for the multilayered institutional framework of the Union. Therefore, it is a natural candidate for explaining... more
AbstractConstitutional pluralism seems to be one of the most inspiring theories of European constitutionalism. It can account for the multilayered institutional framework of the Union. Therefore, it is a natural candidate for explaining how to track the European public interest. Pluralism may serve as the best methodology for keeping into account and for respecting the multiple perspectives on the common
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The title of this new collection of essays by Joseph Raz hints at the realm within which one can find law, that is, precisely between authority and interpretation. An analysis of the concept of law necessarily entails the recognition of... more
The title of this new collection of essays by Joseph Raz hints at the realm within which one can find law, that is, precisely between authority and interpretation. An analysis of the concept of law necessarily entails the recognition of at least two essential moments: the authoritative ...
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The antagonism between legal and political constitutionalism has almost monopolized the discussion on constitutional theory during the last years. For this reason, political constitutionalism has been assessed mainly as an alternative to... more
The antagonism between legal and political constitutionalism has almost monopolized the discussion on constitutional theory during the last years. For this reason, political constitutionalism has been assessed mainly as an alternative to legal constitutionalism. Moving beyond this perspective, this paper intends to focus exclusively on political constitutionalism and its internal tensions. After having enucleated the main tenets of this doctrine, two critiques are put forward, both concerning the understanding of the political element of constitutionalism: first, political constitutionalists propose a reductive account of the principle of political equality; second, their exclusive focus on ordinary politics as the centre of constitutional life is misleading and precludes a correct evaluation of constitutional politics
Racial profiling has become a common, but still largely ignored practice in Europe. This paper intends to put forward an argument against its legitimacy. In order to do this, the paper first tackles the problem of the definition of racial... more
Racial profiling has become a common, but still largely ignored practice in Europe. This paper intends to put forward an argument against its legitimacy. In order to do this, the paper first tackles the problem of the definition of racial profiling. Then, by resorting to some of the main tenets of Critical Race Theory, it criticizes two of the most influential justifications of racial profiling. By adopting the idea that law is part and parcel of the process which creates racial categories, a critical argument for explicitly forbidding racial profiling is put forward. The last section deals with the question of legal remedies and it points to some of the difficulties that laws against racial profiling might have to face.
Even though he is mainly known for his concept of constituent power, Sieyès has also been one of the first constitutional theorists to propose an institution very similar to a constitutional court as a guardian for the constitution. This... more
Even though he is mainly known for his concept of constituent power, Sieyès has also been one of the first constitutional theorists to propose an institution very similar to a constitutional court as a guardian for the constitution. This paper reconstructs the main tenets of his proposal, puts them in the larger context of his constitutional theory, and then assesses its institutional nature and its constitutional functions. The end result is mixed: as an organ, the constitutional jury is a hybrid institution, neither a third chamber nor a full-fledged constitutional court; its functions, on the other side, concern not only the control of constitutionality, but also the taming of constituent power. By cumulating several functions in one institution, Sieyès hoped to solve both the problem of the tension between constituent power and constitutional form and the issue of how to secure a balanced organization of powers.
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Marco Goldoni Centre for Law and Cosmopolitan Values Universiteit Antwerpen Marco.goldoni@gmail.com ... THIS PAPER IS A FIRST DRAFT OF A CHAPTER FOR A FORTHCOMING BOOK EDITED BY S. BERTEA AND G. PAVLAKOS, THE NORMATIVITY OF LAW, HART, ...
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... Show full item record. Title: Belgio : il federalismo che disunisce? Author: Goldoni, Marco. Date: 2010. Citation: Rivista il Mulino:6(2010), p. 965-974. ... Recommended Citation. Goldoni, Marco - Belgio : il federalismo che... more
... Show full item record. Title: Belgio : il federalismo che disunisce? Author: Goldoni, Marco. Date: 2010. Citation: Rivista il Mulino:6(2010), p. 965-974. ... Recommended Citation. Goldoni, Marco - Belgio : il federalismo che disunisce? - In: Rivista il Mulino:6(2010), p. 965-974. ...
Ragion pratica ISSN : 1720-2396. Numero: 1, giugno 2005, Indice. DOI: 10.1415/19847. La questione del soggetto di diritto internazionale in John Rawls Marco Goldoni, pp. 225-242 6 [pdf 174K ...
... Author: Goldoni, Marco. Date: 2010. Citation: Ragion pratica:36(2010), p. 491-508. ... Recommended Citation. Goldoni, Marco - Controllo di costituzionalitá e argomento del disaccordo: i limiti delle tesi di Jeremy Waldron - In: Ragion... more
... Author: Goldoni, Marco. Date: 2010. Citation: Ragion pratica:36(2010), p. 491-508. ... Recommended Citation. Goldoni, Marco - Controllo di costituzionalitá e argomento del disaccordo: i limiti delle tesi di Jeremy Waldron - In: Ragion pratica:36(2010), p. 491-508. ...