Italian Constitutional Justice in Global Context

— —

Vittoria Barsotti (Professor of Comparative Law and Director of the PhD Program in Legal Sciences, University of Florence) Paolo G. Carozza (Professor of Law and Director of the Kellogg Institute for International Studies, University of Notre Dame)

Italian Constitutional Justice in Global Context

Vittoria Barsotti (Professor of Comparative Law and Director of the PhD Program in Legal Sciences, University of Florence), Paolo G. Carozza (Professor of Law and Director of the Kellogg Institute for International Studies, University of Notre Dame), Marta Cartabia (Justice and Vice-President, Italian Constitutional Court) , Andrea Simoncini (Professor of Constitutional Law, and Director of the International Studies Program in the Legal Science Department, University of Florence)

$371

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

English

Oxford University Press Inc
29 January 2016

Jurisprudence & philosophy of law; Legal history; Constitutional & administrative law; Primary sources of law

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.

By: Vittoria Barsotti (Professor of Comparative Law and Director of the PhD Program in Legal Sciences University of Florence), Paolo G. Carozza (Professor of Law and Director of the Kellogg Institute for International Studies, University of Notre Dame), Marta Cartabia (Justice and Vice-President, Italian Constitutional Court), Andrea Simoncini (Professor of Constitutional Law, and Director of the International Studies Program in the Legal Science Department, University of Florence)
Imprint: Oxford University Press Inc
Country of Publication: United States
Dimensions: Height: 242mm, Width: 162mm, Spine: 22mm
Weight: 554g
ISBN: 9780190214555
ISBN 10: 0190214554
Pages: 328
Publication Date: 29 January 2016
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

Acknowledgments Preface PART I: THE CONSTITUTIONAL COURT CHAPTER 1: THE HISTORICAL DEVELOPMENT OF ITALIAN CONSTITUTIONAL ADJUDICATION 1. Constitutional justice prior to 1948 2. American-style constitutional review during the post-war transition 3. A complex conception: Designing the Constitutional Court 4. A long gestation: The activation of the Court 5. The birth of a new system of constitutional adjudication 6. Taking a deep breath: The Court's relationship to the body politic 7. The eras of the Constitutional Court 8. The present and future of the Court: constitutional justice in global context CHAPTER 2: The Constitutional Court: rules and model 1. The system of constitutional justice designed by the Constituent Assembly 2. Composition 3. Jurisdiction 4. The system of judicial review 5. Acts that are subject to judicial review 6. The Italian model of judicial review: Cooperative and Networked CHAPTER 3: FORMS AND METHODS OF JUDICIAL REASONING 1. A concurrent plurality of methods of interpretation 2. Reasonabless, proportionality and balancing of values 3. The use of transnational law and comparative method 4. The decisions of the constitutional court and their effects PART II: CONSTITUTIONAL JURISPRUDENCE CHAPTER 4: KEY RIGHTS AND FREEDOMS 1. The rights and duties of citizens in the Constitution 2. The fundamental principles of inviolability and equality 3. Personal liberty 4. Freedom of religion 5. Life, reproduction, health 6. Family 7. Social rights 8. Citizens and migrants CHAPTER 5: POWERS AND CONFLICTS 1. Relations of powers and the unique role of the Judiciary 2. Executive vs. President of the Republic 3. Executive vs. Parliament 4. Judiciary vs. Parliament 5. Judiciary vs. President of the Republic CHAPTER 6: REGIONALISM 1. Not federal but regional 2. The 2001 constitutional reform of the regional system 3. Statutory autonomy 4. Legislative autonomy 5. Administrative Autonomy: The principle of subsidarity 6. Financial Autonomy CHAPTER 7: NATIONAL CONSTITUTIONAL ADJUDICATION IN THE EUROPEAN SPACE 1. The European Clauses of the Italian Constitution 2. The Constitutional Court and the European Union 3. The Constitutional Court and the European Convention on Human Rights Appendix I: The Constitution of the Republic of Italy Appendix II: Justices 1955 to present Appendix III: Basic Statistics on the Constitutional Court Table of Cases Index

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.

Reviews for Italian Constitutional Justice in Global Context

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 Casseses Diary which I recommend below, you will not need to read much more. Joseph Weiler, European Journal of International Law 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