ABSTRACT
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.
TABLE OF CONTENTS
part Dialogue I|35 pages
Constitutional Courts and Legal Scholarship
part Dialogue II|43 pages
Open and Closed Forms of Constitutional Adjudication
chapter Chapter V|21 pages
Procedural Rules and the Cultivation Of Well-Informed And Responsive Constitutional Judiciaries
part Dialogue III|36 pages
The Principle of Collegiality
chapter Chapter VI|16 pages
Collegiality Over Personality: The Rejection of Separate Opinions in Italy
part Dialogue IV|38 pages
Access to Constitutional Adjudication
chapter Chapter VIII|21 pages
Direct Constitutional Complaint and Italian Style do not Match. Why is That?
part Dialogue V|39 pages
Judicial Reasoning and Interpretation
chapter Chapter XI|15 pages
The Relationship Between Forms and Methods in Constitutional Interpretation: Comparative Reflections
part Dialogue VI|41 pages
National Constitutional Adjudication in a Transnational Context
chapter Chapter XII|23 pages
The Italian Constitutional Court in the European Space: An Empirical Approach
chapter Chapter XIII|15 pages
European Relationality in the European Legal Space: Country-Specific Mixtures within One European Style
part |20 pages
Conclusion