Jessica De Vivo

Security and Fundamental Rights: The Italian and French Response to Terrorism

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Abstract

The democratic constitutionalism is facing a new challenge: the global terrorism. The terrorist attacks of last months, in fact, make it necessary to reflect on both the hard relationship between security and fundamental rights and the consequent responses adopted by legislators. This article aims to explain the difference between the French and the Italian legislators' legal interventions, in terms of the instruments adopted, the role of constitutional justice and the function of the judicial authority.

Keywords

  • Terrorism
  • Security
  • Fundamental Rights
  • Constitutions
  • Judicial Authority

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