Italian Constitutional Justice in Global Context

Author: Vittoria Barsotti; Paolo G. Carozza; Marta Cartabia; Andrea Simoncini
Publisher: Oxford University Press USA
ISBN: 9780190859725

Published In: October 2017
Format: Paperback , 328 pages
Jurisdiction: Italy ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780190214555

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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.

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

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.

"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