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Einband grossItalian Constitutional Justice in Global Context
ISBN/GTIN

Italian Constitutional Justice in Global Context

E-BookEPUBDRM AdobeE-Book
256 Seiten
Englisch
Oxford University Presserschienen am26.10.2015
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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Verfügbare Formate
TaschenbuchKartoniert, Paperback
EUR54,70
E-BookEPUBDRM AdobeE-Book
EUR42,49
E-BookPDFDRM AdobeE-Book
EUR33,99

Produkt

KlappentextItalian 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.
Details
Weitere ISBN/GTIN9780190277598
ProduktartE-Book
EinbandartE-Book
FormatEPUB
Format HinweisDRM Adobe
FormatE101
Erscheinungsjahr2015
Erscheinungsdatum26.10.2015
Seiten256 Seiten
SpracheEnglisch
Dateigrösse3824 Kbytes
Artikel-Nr.1911983
Rubriken
Genre9200

Inhalt/Kritik

Inhaltsverzeichnis
AcknowledgmentsPrefacePART I: THE CONSTITUTIONAL COURTCHAPTER 1: THE HISTORICAL DEVELOPMENT OF ITALIAN CONSTITUTIONAL ADJUDICATION 1. Constitutional justice prior to 19482. American-style constitutional review during the post-war transition3. A complex conception: Designing the Constitutional Court 4. 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 contextCHAPTER 2: The Constitutional Court: rules and model 1. 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"CHAPTER 3: FORMS AND METHODS OF JUDICIAL REASONING 1. 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 JURISPRUDENCECHAPTER 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 CONFLICTS1. Relations of powers and the unique role of the Judiciary2. Executive vs. President of the Republic3. 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 system3. Statutory autonomy4. Legislative autonomy5. Administrative Autonomy: The principle of subsidarity6. Financial AutonomyCHAPTER 7: NATIONAL CONSTITUTIONAL ADJUDICATION IN THE EUROPEAN SPACE1. 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 RightsAppendix I: The Constitution of the Republic of ItalyAppendix II: Justices 1955 to presentAppendix III: Basic Statistics on the Constitutional CourtTable of Cases Indexmehr

Autor

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.