1st Edition

Dialogues on Italian Constitutional Justice A Comparative Perspective

304 Pages
by Routledge

304 Pages
by Routledge

304 Pages
by Routledge

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... Read more

1. Introduction;

2. Dialogue as Method, Vittoria Barsotti, Paolo G. Carozza, Marta Cartabia, and Andrea Simoncini; Dialogue I: Constitutional courts and legal scholarship;

3. Je t’aime… moi non plus: some considerations on (and impressions of) the relationships between constitutional justice and legal scholarship, Paolo Passaglia;

4. The wasp and the orchid: constitutional justice and legal scholarship need each other, Marc Verdussen; Dialogue II: Open and closed forms of constitutional adjudication;

5. Openness and transparency in constitutional adjudication: amici curiae, third-party intervention, and fact-finding powers, Tania Groppi and Anna Maria Lecis Cocco Ortu;

6. Procedural rules and the cultivation of well-informed and responsive constitutional judiciaries, Maartje De Visser; Dialogue III: The principle of collegiality;

7. Collegiality over personality: the refusal of separate opinions in Italy, Diletta Tega;

8. `Collegiality’ in comparative context, Sarah Harding; Dialogue IV: Access to constitutional adjudication;

9. Direct constitutional complaint and Italian style do not match. But why? Elisabetta Lamarque;

10. The potential virtues and risks of abstract constitutional challenges and individual complaints: some reflections from Spain, Victor Ferreres Comella; Dialogue V: Judicial reasoning and interpretation;

11. Forms and methods of constitutional interpretation – Italian style, Giorgio Pino;

12. The relationship between forms and methods in constitutional interpretation: comparative reflections, Jeff Pojanowski; Dialogue VI: National constitutional adjudication in a transnational context ;

13. The Italian constitutional court in the European space – an empirical approach, Marta Infantino;

14. European relationality in the European legal space: country-specific mixtures within one European style, Patricia Popelier;

15. Power is perfected in weakness: on the authority of the Italian constitutional court, Armin von Bogdandy and Davide Paris;

Biography

Vittoria Barsotti, Professor of Comparative Law, University of Florence, Italy;

Paolo G. Carozza, Professor of Law, University of Notre Dame Law School, USA;

Marta Cartabia, Vice President of the Constitutional Court of the Republic of Italy;

Andrea Simoncini, Professor of Constitutional Law, University of Florence, Italy;