Italian Constitutional Justice in Global Context
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| Anteprima |
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.
