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Italian Constitutional Justice in Global Context Summary

Italian Constitutional Justice in Global Context by Vittoria Barsotti (Professor of Comparative Law and Director of the PhD Program in Legal Sciences, Professor of Comparative Law and Director of the PhD Program in Legal Sciences, University of Florence)

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.

Italian Constitutional Justice in Global Context Reviews

This is a very different book a combination in the best sense of a law book and a book about the law learned and erudite in its descriptive parts, insightful in its analytical part. It is important because so many out there will simply be unaware of Italian constitutionalism, its history, institutions and not least its jurisprudence. I might say, tongue in cheek, that if you read it coupled with Sabino Cassese's Diary which I recommend below, you will not need to read much more." - Joseph Weiler, European Journal of International Law
The authors have produced an extraordinary book. It is not by chance that the book has been the subject of great interest from many groups of scholars in Italy, Europe and the United States. [T]he book is concise, comprehensive, enriched by statistics and good indexes and well-written. Through frequent and diffuse quotations of the case law of the Constitutional Court (often translated into English for the first time), the book is a window into the whole Italian constitutional system. The book examines the Constitutional Court's historical evolution, its role in adjudicating matters of regional and local government, its interaction with other constitutional bodies and its relationship with the European Courts." - Nicola Lupo, American Journal of Comparative Law
The authors have given us a first-rate analysis of Italian constitutional development since the Second World War. This book fills a large gap in the English language literature." - Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University
A comprehensive analysis of the Italian Constitutional Court's first 60 years. Combining originality with meticulous research, this book offers a convincing overview of the development of judicial review in Italy. Lawyers, political scientists, and historians will enjoy this informative and ground-breaking account." - Sabino Cassese, Justice Emeritus, Italian Constitutional Court
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 and interesting 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
A book like this is long overdue. The contribution of the Italian Constitutional Court to constitutional justice can now find its deserved place in research on comparative constitutionalism." - Dieter Grimm, Professor of Law, Humboldt University Berlin, and Former Justice of the Federal Constitutional Court of Germany
This book provides an excellent introduction to those unfamiliar with Italian constitutional law. It includes valuable and provocative excerpts from significant decisions across an array of important areas, offering an account reflecting a sophisticated and sympathetic inside-out perspective. It will be a useful resource to those interested in comparative constitutional law, and especially in the roles of jurisprudence of constitutional courts." - Vicki C. Jackson, Thurgood Marshall Professor of Constitutional Law, Harvard Law School
[T]he book is the first attempt in the Italian scholarly debate to consider the distinguishing features of Italian constitutional adjudication through Italian eyes whilst at the same time thinking (and consequently writing) in English so as to render the content accessible to non-Italian readers, by following a deductive and case law-based method rather than the usual Italian theoretical approach characteristic of most Italian books on constitutional adjudication. [B]y adopting an evolutive historical approach, the authors succeed in demonstrating how it is thanks to what one might call this 'internal unchosen training' that the court has ended up being better trained and better prepared than other European courts to play a leading role in the current season of cooperative constitutionalism in Europe and, more generally, in constitutional adjudication within the global arena." - Oreste Pollicino, Common Market Law Review
The volume essentially provides a generally systematic overall view of the role of the Constitutional Court in Italy. It thus fosters a move away from the fragmented dialogue that has largely characterised the Court to a more open dialogue with the whole community of interpreters of law. In times of fragility and debate regarding the Italian constitutional system, in a period when the Italian constitutional system in general, and Italian constitutional justice in particular, are often at the forefront of controversy, a text of this kind shows its vitality, and in some way contributes, albeit indirectly, to the strengthening of the central role of constitutional justice and the constitutional system as a whole." - Gaetano Azzariti , Italian Journal of Public Law

About Vittoria Barsotti (Professor of Comparative Law and Director of the PhD Program in Legal Sciences, Professor of Comparative Law and Director of the PhD Program in Legal Sciences, University of Florence)

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 University of Notre Dame, and former President of the Inter-American Commission on Human Rights. He has written books and articles on international human rights law, European and Latin American legal traditions, and comparative constitutional law. Marta Cartabia currently serves as a Justice on the Italian Constitutional Court. She was previously Professor of Constitutional Law at the University of Milan-Bicocca. She is a prolific and eminent constitutional law scholar in the field of individual rights and constitutional justice in the Italian, European, and comparative context. Andrea Simoncini is Professor of Constitutional Law at the University of Florence where he is Director of the International Studies Program in the Legal Science Department. He has written extensively on constitutional law and federal-regional law in the Italian, European, and comparative context.

Table of Contents

Acknowledgments Preface PART I: THE CONSTITUTIONAL COURT CHAPTER 1: THE HISTORICAL DEVELOPMENT OF ITALIAN CONSTITUTIONAL ADJUDICATION 1. Constitutional justice prior to 1948 2. American-style constitutional review during the post-war transition 3. A complex conception: Designing the Constitutional Court 4. A long gestation: The activation of the Court 5. The birth of a new system of constitutional adjudication 6. Taking a deep breath: The Court's relationship to the body politic 7. The "eras" of the Constitutional Court 8. The present and future of the Court: constitutional justice in global context CHAPTER 2: The Constitutional Court: rules and model 1. The system of constitutional justice designed by the Constituent Assembly 2. Composition 3. Jurisdiction 4. The system of judicial review 5. Acts that are subject to judicial review 6. The Italian model of judicial review: "Cooperative" and "Networked" CHAPTER 3: FORMS AND METHODS OF JUDICIAL REASONING 1. A concurrent plurality of methods of interpretation 2. Reasonabless, proportionality and balancing of values 3. The use of transnational law and comparative method 4. The decisions of the constitutional court and their effects PART II: CONSTITUTIONAL JURISPRUDENCE CHAPTER 4: KEY RIGHTS AND FREEDOMS 1. The rights and duties of citizens in the Constitution 2. The fundamental principles of inviolability and equality 3. Personal liberty 4. Freedom of religion 5. Life, reproduction, health 6. Family 7. Social rights 8. Citizens and migrants CHAPTER 5: POWERS AND CONFLICTS 1. Relations of powers and the unique role of the Judiciary 2. Executive vs. President of the Republic 3. Executive vs. Parliament 4. Judiciary vs. Parliament 5. Judiciary vs. President of the Republic CHAPTER 6: REGIONALISM 1. Not "federal" but "regional" 2. The 2001 constitutional reform of the regional system 3. Statutory autonomy 4. Legislative autonomy 5. Administrative Autonomy: The principle of subsidarity 6. Financial Autonomy CHAPTER 7: NATIONAL CONSTITUTIONAL ADJUDICATION IN THE EUROPEAN SPACE 1. The European Clauses of the Italian Constitution 2. The Constitutional Court and the European Union 3. The Constitutional Court and the European Convention on Human Rights Appendix I: The Constitution of the Republic of Italy Appendix II: Justices 1955 to present Appendix III: Basic Statistics on the Constitutional Court Table of Cases Index

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Italian Constitutional Justice in Global Context by Vittoria Barsotti (Professor of Comparative Law and Director of the PhD Program in Legal Sciences, Professor of Comparative Law and Director of the PhD Program in Legal Sciences, University of Florence)
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