Dialogues on Italian Constitutional Justice: A Comparative Perspective

ISBN-13: 9780367617721 / Angielski / Miękka / 2023 / 290 str.

Vittoria Barsotti; Marta Cartabia; Andrea Simoncini

Opis

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 perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general.

Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.

Spis treści

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;