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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
has developed 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 almost entirely 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. It presents 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 in the larger arc of
global judicial dialog.
This collection adopts a distinctive method and structure to
introduce the work of Italian constitutional law scholars into the
Anglophone dialogue while also bringing a number of prominent
non-Italian constitutional law scholars to study and write about
constitutional justice in a global context. The work presents six
distinct areas of particular interest from a comparative
constitutional perspective: first, the role of legal scholarship in
the work of constitutional courts; second, structures and processes
that contribute to more "open" or "closed" styles of constitutional
adjudication; third, pros and cons of collegiality in the work of
constitutional courts; fourth, forms of access by individuals to
constitutional justice; fifth, methods of constitutional
interpretation; and sixth, the relationship between national
constitutional adjudication and the transnational context. In each
of these six areas, the volume sets up a new and genuine
constitutional dialogue between an Italian scholar presenting a
discussion and critical assessment of the specific topic, and a
non-Italian scholar who responds elaborating the issue as seen from
constitutional law beyond the Italian system. The resulting six
such dialogues thus provide a dynamic, in-depth, multidimensional,
national and transnational/comparative examination of these areas
in which the `Italian style' of constitutional adjudication has a
distinctive contribution to make to comparative constitutional law
in general. Fostering a deeper knowledge of the Italian
Constitutional Court within the comparative global space and
advancing a creative and fruitful methodological approach, the book
will be fascinating reading for academics and researchers in
comparative constitutional law.
This collection adopts a distinctive method and structure to
introduce the work of Italian constitutional law scholars into the
Anglophone dialogue while also bringing a number of prominent
non-Italian constitutional law scholars to study and write about
constitutional justice in a global context. The work presents six
distinct areas of particular interest from a comparative
constitutional perspective: first, the role of legal scholarship in
the work of constitutional courts; second, structures and processes
that contribute to more "open" or "closed" styles of constitutional
adjudication; third, pros and cons of collegiality in the work of
constitutional courts; fourth, forms of access by individuals to
constitutional justice; fifth, methods of constitutional
interpretation; and sixth, the relationship between national
constitutional adjudication and the transnational context. In each
of these six areas, the volume sets up a new and genuine
constitutional dialogue between an Italian scholar presenting a
discussion and critical assessment of the specific topic, and a
non-Italian scholar who responds elaborating the issue as seen from
constitutional law beyond the Italian system. The resulting six
such dialogues thus provide a dynamic, in-depth, multidimensional,
national and transnational/comparative examination of these areas
in which the `Italian style' of constitutional adjudication has a
distinctive contribution to make to comparative constitutional law
in general. Fostering a deeper knowledge of the Italian
Constitutional Court within the comparative global space and
advancing a creative and fruitful methodological approach, the book
will be fascinating reading for academics and researchers in
comparative constitutional law.
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
has developed 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 almost entirely 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. It presents 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 in the larger arc of
global judicial dialog.
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