di Francesco Girasoli

Abstract: this article aims to investigate the close relationship between the idea of body politic and jurisdiction in Old Regime France. By analyzing the role of the Parliament of Paris, and the political-juridical tradition linked to it, we come to understand how the French approach to the theory of the «king’s two bodies» can be found in the idea of sovereign justice. Representing the king in judgments, judging as if he was present, being one with his body, are devices that lead Parliament and its counterparts to dispossess the sovereign of his direct ability to administer justice personally, transforming him into a simple receptacle of sovereignty. Thus, the appearance of the institution of Cassation takes on the appearance of a first reaction to this state of affairs, with the affirmation of the king as legislator and exclusive interpreter of the law.

Keywords: Parliament – organicism – fictio iuris – justice déléguée – justice retenue

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di Davide Maddalena

Abstract: the paper examines the work of the «Commissione speciale e straordinaria per lo studio e la formazione dei progetti di legge» («Special and Extraordinary Commission for the study and draughting of bills») instituted under the auspices of the Minister of Internal Affairs of the Third Cavour Government, Luigi Carlo Farini, and operative between August 1860 and March 1861. The Commission draughted bills aimed at a decentralized administrative re-ordering of the budding Italian State. The salient aspect of the plan, initiated by Farini and then concluded by his successor as Minister of Internal Affairs, Marco Minghetti, was the idea of structuring the new Kingdom on a regional basis. The bills were presented to a parliamentary commission of the Kingdom of Italy, which rejected the regional institution. Administrative centralization was thus chosen for the Kingdom of Italy.

Keywords: Marco Minghetti – Luigi Carlo Farini – regionalism – administrative decentration – Unity of Italy

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