Oxford University Press Italian Constitutional Justice in Global Context

Product Description 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. Review 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 The authors have produced an extraordinary book. It is not by chance that the book has been the subject of great interest from many groups of scholars in Italy, Europe and the United States. [T]he book is concise, comprehensive, enriched by statistics and good indexes and well-written. Through frequent and diffuse quotations of the case law of the Constitutional Court (often translated into English for the first time), the book is a window into the whole Italian constitutional system. The book examines the Constitutional Court's historical evolution, its role in adjudicating matters of regional and local government, its interaction with other constitutional bodies and its relationship with the European Courts." - Nicola Lupo, American Journal of Comparative 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. Cro