Italian Constitutional Justice in Global Context

ISBN: 9780190214555 出版年：2015 页码：329 Barsotti, Vittoria Carozza, Paolo G Cartabia, Marta Oxford University Press

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