Sale!

Italian constitutional justice in global context 1st Edition by Vittoria Barsotti, Paolo G Carozza, Marta Cartabia, Andrea Simoncini ISBN 0190214554 9780190214555

Original price was: $50.00.Current price is: $35.00.

Italian constitutional justice in global context 1st Edition Barsotti Digital Instant Download

Author(s): Barsotti, Vittoria; Carozza, Paolo G.; Cartabia, Marta; Simoncini, Andrea
ISBN(s): 9780190214555, 0190214554
Edition: 1
File Details: PDF, 3.07 MB
Year: 2016
Language: english
SKU: EB-5893234 Category: Tags: , , , , , , ,

Italian constitutional justice in global context 1st Edition by Vittoria Barsotti, Paolo G Carozza, Marta Cartabia, Andrea Simoncini – Ebook PDF Instant Download/Delivery: 0190214554, 9780190214555
Full download Italian constitutional justice in global context 1st Edition after payment

Product details:

ISBN 10: 0190214554 
ISBN 13: 9780190214555
Author: Vittoria Barsotti, Paolo G Carozza, Marta Cartabia, Andrea Simoncini

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.

Italian constitutional justice in global context 1st Table of contents:

Part One: The Constitutional Court

  1. The Historical Development of Italian Constitutional Adjudication

  2. Constitutional Justice prior to 1948
    1.1 The First Italian Constitution
    1.1.1 Parliamentary Omnipotence
    1.1.2 The Lack of an Independent Judiciary
    1.2 Two Exceptions to the Absence of Judicial Review

  3. American-Style Constitutional Review during the Postwar Transition

  4. A Complex Conception: Designing the Constitutional Court
    3.1 The Constituent Assembly Debate
    3.2 The Incomplete Court

  5. A Long Gestation: The Activation of the Court
    4.1 Fundamental Choices
    4.2 The Delay in the Parliamentary Election of Justices

  6. The Birth of a New System of Constitutional Adjudication
    5.1 A Context of Uncertainty
    5.2 The Court’s Rules of Procedure
    5.3 The “Italian Marbury v. Madison”: Judgment 1/1956

  7. Taking a Deep Breath: The Court’s Relationship to the Body Politic

  8. The “Eras” of the Constitutional Court

  9. The Present and Future of the Court: Constitutional Justice in Global Context

  10. The Constitutional Court: Rules and Model

  11. The System of Constitutional Justice Designed by the Constituent Assembly

  12. Composition
    2.1 The Principle of Collegiality

  13. Jurisdiction
    3.1 Conflicts of Attributions
    3.2 Charges against the President of the Republic
    3.3 Admissibility of Referenda
    3.4 Judicial Review of Statutes

  14. The System of Judicial Review
    4.1 The Direct Method of Judicial Review
    4.2 The Incidental Method of Judicial Review
    4.2.1 A Judge in the Course of a Judicial Proceeding Must Raise a Question
    4.2.2 The Question of Constitutional Legitimacy Must Be Relevant and Not Manifestly Unfounded
    4.2.3 The Question Can Be Raised by the Parties or by the Judge on His Own Motion

  15. Acts that Are Subject to Judicial Review

  16. The Italian Model of Judicial Review: “Cooperative” and “Networked”

  17. Forms and Methods of Judicial Reasoning

  18. A Concurrent Plurality of Methods of Interpretation

  19. Reasonableness, Proportionality, and Balancing of Values

  20. The Use of Transnational Law and Comparative Method

  21. The Decisions of the Constitutional Court and Their Effects

Part Two: Constitutional Jurisprudence

  1. Key Rights and Freedoms

  2. The Rights and Duties of Citizens in the Constitution

  3. The Fundamental Principles of Inviolability and Equality
    2.1 Inviolable Rights
    2.2 Equality

  4. Personal Liberty

  5. Freedom of Religion

  6. Life, Reproduction, Health
    5.1 Right to Life
    5.2 Reproductive Freedom
    5.3 Health
    5.4 End of Life

  7. Family

  8. Social Rights

  9. Citizens and Migrants

  10. Powers and Conflicts

  11. Relation of Powers and the Unique Role of the Judiciary

  12. Executive vs. President of the Republic

  13. Executive vs. Parliament

  14. Judiciary vs. Parliament

  15. Judiciary vs. President of the Republic

  16. Regionalism
    6.1 Not “Federal” but “Regional”
    6.2 The 2001 Constitutional Reform of the Regional System
    6.3 Statutory Autonomy
    6.4 Legislative Autonomy
    6.4.1 How to Define a Matter? From the Literal Meaning to the “Prevalence Doctrine”
    6.4.2 The Strong “Centripetal” Pull in the Distribution of Powers between State and Regions
    6.4.2.1 “Cross-Cutting” Competences
    6.4.2.2 “Catch-all” Competences
    6.4.2.3 “Detailed” Principles
    6.5 Administrative Autonomy: The Principle of Subsidiarity
    6.5.1 “Vertical” vs. “Horizontal” Subsidiarity
    6.5.2 The “Subsidiarity Call” Doctrine
    6.5.3 Horizontal Subsidiarity: The “Social Liberty” Doctrine
    6.6 Financial Autonomy

  17. National Constitutional Adjudication in the European Space

  18. The European Clauses of the Italian Constitution

  19. The Constitutional Court and the European Union
    2.1 Constitutional Resistance to the Supremacy of European Legislation
    2.2 Limitations of Sovereignty
    2.3 Constitutional Surrender to the Supremacy of EU Legislation
    2.4 The Last Citadel: The Doctrine of “Counter-Limits”
    2.5 The Constitutional Court and the Preliminary Ruling to the Court of Justice of the European Union
    2.5.1 The Constitutional Court as a “Sovereign” Judge
    2.5.2 A One-Way Conversation: Lower Courts as the Official “Speakers” of the National Legal System
    2.5.3 The First Preliminary Ruling of the Italian Constitutional Court to the Court of Justice of the European Union

  20. The Constitutional Court and the European Convention on Human Rights
    3.1 The European Convention on Human Rights: A General Overview
    3.2 From “Constitutional Patriotism” to “Integration through Interpretation”
    3.3 Interpreting Domestic Law “According to” the European Convention
    3.4 The Turning Point: The European Convention on Human Rights’ Special Rank

People also search for Italian constitutional justice in global context 1st:

italian justice system
    
italian justice system compared to us
    
italy constitutional court
    
italy justice system
    
italian constitutional court

Tags: Vittoria Barsotti, Paolo G Carozza, Marta Cartabia, Andrea Simoncini, Italian constitutional, global context