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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 book investigates the historical development, institutional structure, and jurisprudential influence of the Italian Constitutional Court within the framework of global constitutional discourse. The authors, a team of distinguished legal scholars, utilize a combination of historical analysis, case law synthesis, and comparative legal theory to argue that the Italian Constitutional Court possesses a unique "Italian Style" that has been historically underrepresented in international legal scholarship due to language barriers.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a foundational resource for bridging the gap between Italian jurisprudence and global constitutional dialogue. Experts frequently note that the text provides necessary clarity on the Court's role in the European legal landscape, making it a primary reference for those studying comparative judicial review.
Page Count:
324
Publication Date:
2017-10-01
Publisher:
Oxford University Press
ISBN-10:
0190859725
ISBN-13:
9780190859725