Italian Constitutional Justice in Global Context

Hardcover | December 7, 2015

byVittoria Barsotti, Paolo G. Carozza, Marta Cartabia

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Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization,procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC hasdeveloped a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almostentirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English.This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. Itpresents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence inthe larger arc of global judicial dialog.

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Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization,procedures, and its current engagement with transnat...

Vittoria Barsotti is Professor of Comparative Law and Director of the PhD Program in Legal Sciences at the University of Florence. She has written books and articles on comparative law, constitutional law, and human rights. Paolo G. Carozza is Professor of Law and Director of the Kellogg Institute for International Studies at the ...
Format:HardcoverDimensions:352 pages, 9.25 × 6.12 × 0.98 inPublished:December 7, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190214554

ISBN - 13:9780190214555

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Table of Contents

AcknowledgmentsPrefacePART I: THE CONSTITUTIONAL COURT1. THE HISTORICAL DEVELOPMENT OF ITALIAN CONSTITUTIONAL ADJUDICATION1. Constitutional justice prior to 19482. American-style constitutional review during the post-war transition3. A complex conception: Designing the Constitutional Court4. A long gestation: The activation of the Court5. The birth of a new system of constitutional adjudication6. Taking a deep breath: The Court's relationship to the body politic7. The "eras" of the Constitutional Court8. The present and future of the Court: constitutional justice in global context2. The Constitutional Court: rules and model1. The system of constitutional justice designed by the Constituent Assembly2. Composition3. Jurisdiction4. The system of judicial review5. Acts that are subject to judicial review6. The Italian model of judicial review: "Cooperative" and "Networked"3. FORMS AND METHODS OF JUDICIAL REASONING1. A concurrent plurality of methods of interpretation2. Reasonabless, proportionality and balancing of values3. The use of transnational law and comparative method4. The decisions of the constitutional court and their effectsPART II: CONSTITUTIONAL JURISPRUDENCE4. KEY RIGHTS AND FREEDOMS1. The rights and duties of citizens in the Constitution2. The fundamental principles of inviolability and equality3. Personal liberty4. Freedom of religion5. Life, reproduction, health6. Family7. Social rights8. Citizens and migrants5. POWERS AND CONFLICTS1. Relations of powers and the unique role of the Judiciary2. Executive vs. President of the Republic3. Executive vs. Parliament4. Judiciary vs. Parliament5. Judiciary vs. President of the Republic6. REGIONALISM1. Not "federal" but "regional"2. The 2001 constitutional reform of the regional system3. Statutory autonomy4. Legislative autonomy5. Administrative Autonomy: The principle of subsidarity6. Financial Autonomy7. NATIONAL CONSTITUTIONAL ADJUDICATION IN THE EUROPEAN SPACE1. The European Clauses of the Italian Constitution2. The Constitutional Court and the European Union3. The Constitutional Court and the European Convention on Human RightsAppendix I: The Constitution of the Republic of ItalyAppendix II: Justices 1955 to presentAppendix III: Basic Statistics on the Constitutional CourtTable of CasesIndex

Editorial Reviews

"While high court judges around the world are taking ever-more intense interest in how other legal systems deal with issues of common concern, the range of available materials has remained rather narrow. Now, thanks to four leading comparatists, the work of one of the most important andinteresting constitutional courts will at last become better known. Cross-national judicial dialogue should be immensely enriched by this study of the Italian Constitutional Court and its jurisprudence." --Mary Ann Glendon, Learned Hand Professor of Law, Harvard University