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The Constitution of Italy: A Contextual Analysis

The Constitution of Italy: A Contextual Analysis

Author: Marta Cartabia; Nicola Lupo
Publisher: Hart Publishing
ISBN: 9781509905720

Published In: February 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509957866

List Price: HKD 1,235.00

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Description
Contents

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This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.

Key Features and Highlights:

An excellent introduction to the Italian constitution by two of Italy's leading constitutional lawyers
The authors bring both academic knowledge and judicial experience to the book
Of interest to teachers of comparative constitutional law as well as Italian constitutional law

1. The Making of the Italian Constitution and its Evolution

I. Introduction

II. The Albertine Statute

III. The Fascist Regime, the Second World War and the Transition to the Republic (1922–1945)

IV. The Constituent Assembly (1946–1948)

V. The Rigidity of the Republican Constitution

VI. Procedures for and Limits on Constitutional Amendments

VII. The Most Important Constitutional Amendments

VIII. The Evolution of the Italian Republican Constitution

IX. Conclusion

Further Reading

2. The Italian Constitution within the 'Composite' European Constitution

I. Introduction

II. Openness to the International Order and its Foundations

III. The Constitutional Principles on International Law

IV. The 'European Journey' of the Constitutional Court

V. The 'Counter-limits' Doctrine

VI. The European Convention of Human Rights in the Italian Legal System

VII. Constitutional Rules and Practice of Implementing EU Law

VIII. Conclusion

Further Reading

3. Popular Sovereignty and Separation of Powers

I. Introduction

II. The Democratic Principle in the Italian Constitution: The Right to Vote and to be Elected

III. Direct Democracy: The Abrogative Referendum and its Different Usages

IV. Representative Democracy: The Electoral System and its Evolution

V. Conclusion

Further Reading

4. Parliament

I. Introduction

II. The Italian Parliament in the Constitution

III. A Symmetrical Bicameralism

IV. The Internal Organisation of the Chamber and the Senate

V. Privileges and Immunities of MPs

VI. Parliamentary Rules of Procedure

VII. The Legislative Process 2

VIII. The Budgetary Process

IX. The Oversight Function

X. Conclusion

Further Reading

5. The Government: Between Politics and Administration

I. Introduction

II. The Structure of the Government

III. The Confidence Relationship with the Two Houses of Parliament

IV. The Primary and Secondary Normative Powers of the Government

V. The Distinction between Politics and Administration

VI. The Constitutional Principles on Public Administration

VII. The Auxiliary Bodies and the Independent Authorities

VIII. Conclusion

Further Reading

6. The President of the Republic

I. Introduction

II. Election, Term of Office and Substitution

III. The Responsibility of the President of the Republic

IV. The Counter-signature and the Classification of the Acts of the President of the Republic

V. The Shaping of the Role of the President of the Republic Throughout the Constitutional Experience

VI. Conclusion

Further Reading

7. Regional and Local Government

I. Introduction

II. Origins and Evolution of the 'Republic of Autonomies'

III. The Constitutional Framework and its Delayed Implementation

IV. Special and Ordinary Regions

V. The Direct Election of the Presidents of the Regions and Statutory Autonomy

VI. The Distribution of Legislative Competences between the State and Regions

VII. Administrative Autonomy and the Principles of Subsidiarity and Loyal Cooperation

VIII. Financial Autonomy

IX. Local Authorities

X. Conclusion

Further Reading

8. The Judiciary

I. Introduction

II. The Evolution of the Judicial Function

III. The Separation of Powers and Judicial Independence

IV. The Organisation of the Judiciary

V. Judicial Responsibility

VI. Conclusion

Further Reading

9. The Constitutional Court

I. Introduction

II. Historical Background

III. The European Model of Constitutional Adjudication

IV. The Constitutional Court: Composition and Functions

V. The Court's Delayed Establishment and First Years of Activity: Reviewing Fascist Legislation

VI. A Variety of Remedies

VII. The Incidental Procedure and the Relationship with Ordinary Courts

VIII. The Constitutional Court and European Courts

IX. The Relational Character of Italian Constitutional Adjudication and Internal Collegiality

X. Conclusion

Further Reading

10. Protection of Rights

I. Introduction

II. The Evolution of Constitutionalism and the 'Age of Rights'

III. Inviolable Rights

IV. The Italian Approach to Fundamental Rights: Personalism, Pluralism and Solidarity

V. Codified Rights and New Rights

VI. Limiting Rights

VII. Judicial and Non-judicial Safeguards

VIII. Key Rights

IX. Conclusion

Further Reading

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