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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.
- Sales Rank: #430234 in Books
- Published on: 2015-11-23
- Original language: English
- Number of items: 1
- Dimensions: 6.30" h x .90" w x 9.30" l, .0 pounds
- Binding: Hardcover
- 328 pages
Review
"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
"This is a very different book - a combination in the best sense of a law book and a book about the law - learned and erudite in its descriptive parts, insightful in its analytical part. It is important because so many out there will simply be unaware of Italian constitutionalism, its history, institutions and not least its jurisprudence. I might say, tongue in cheek, that if you read it coupled with Sabino Cassese's Diary which I recommend below, you will not need to read much more." Joseph Weiler, European Journal of International Law
About the Author
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.
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