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Roman law and principles of the constitution of the Roman Republic of 1849 in the scientific and European constitutional context. The roots of the crisis of constitutionalism

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Vallocchia F.

Journal of Modern Science

2021

issue 1/46/2021

225-238

Objectives: Given that contemporary European constitutionalism has its roots essentially in the "Déclarations" developed during the French Revolution and, to some extent, also in the 19th century experience of the codifications, and that the codes, in turn, are inspired by Roman law, it is worth asking how much of Roman law there is in the constitutions and statutes approved during the 19th century. Material and methods: Therefore, turning the question particularly to the subject of the Constitution of the Roman Republic of 1849, the work of the constituents demonstrates the existence of a sort of laboratory, political and juridical, within which a synthesis between the Roman juridical tradition and the tripartite separation of powers was sought. Results: Given that contemporary European constitutionalism has its roots essentially in the "Déclarations" developed during the French Revolution and, to some extent, also in the 19th century experience of the codifications, and that the codes, in turn, are inspired by Roman law, it is worth asking how much of Roman law there is in the constitutions and statutes approved during the 19th century. Conclusions: Therefore, turning the question particularly to the subject of the Constitution of the Roman Republic of 1849, the work of the constituents demonstrates the existence of a sort of laboratory, political and juridical, within which a synthesis between the Roman juridical tradition and the tripartite separation of powers was sought.

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1 Journal of Modern Science

1 Vallocchia F.

1 2021

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Roman law and principles of the constitution of the Roman Republic of 1849 in the scientific and European constitutional context. The roots of the crisis of constitutionalism