Dialogues on Italian Constitutional Justice: A Comparative Perspective


: Relationality as the hallmark of the Italian Style of constitutional adjudication: Relationality revisited: Relationality vs. weakness: perception and realityRelationality "unpacked": Official vs. Unofficial relationality: Dialogue as a method: Relationality and constitutional pluralismDialogue I: Constitutional Courts and Legal Scholarship: Je T’aime … Moi Non Plus: Some Considerations on (and Impressions of) the Relationships between Constitutional Justice and Legal Scholarship: The difficulties encountered during research: The semi-direct sources: The indirect sources: Implied sources: Reasons (and prospects) for the absence of direct sources: An impression, not a conclusion: The Wasp and the Orchid: Constitutional Justice and Legal Scholarship Need Each Other: The influence of legal scholarship on constitutional justice: Semi-direct sources: Indirect sources: Implied sources: The perception of constitutional justice by legal scholarship: The perception of the constitutional court itself: The perception of constitutional case law: The destinies of constitutional justice and legal scholarship are more intertwined than ever beforeDialogue II: Open and Closed Forms of Constitutional Adjudication: Openness and Transparency in Constitutional Adjudication: Amici Curiae, Third-Party Intervention, and Fact-Finding Powers: The legislative and autonomous framework: Third-parties and amici curiae: case-law and scholarly debate: The established case-law on third-party interventions: The scholarly debate on amici curiae briefs: Case law and scholarly debate on fact-finding: ConclusionPost Scriptum: "The Court Opens to Hearing the Voice of Civil Society": Procedural Rules and the Cultivation of Well-Informed and Responsive Constitutional Judiciaries: Benefits, risks and challenges of ‘open’ constitutional adjudication: Designing for participation-friendly constitutional litigation and well-rounded judicial deliberations: Of hermeneutics and legal formants: Concluding thoughtsDialogue III: The Principle of Collegiality: Collegiality Over Personality: The Rejection of Separate Opinions in Italy: The meaning of the collegiality principle and its repercussions on separate opinionsThe Constitutional Court’s position: preservation of the status quo: Pros and cons: the debate among scholars: Conclusion: “Collegiality” in Comparative Context: A spectrum of collegiality: Dialogue and legal development: Institutional legitimacy: ConclusionDialogue IV: Access to Constitutional Adjudication: Direct Constitutional Complaint and Italian Style do not Match. Why Is That?: The fairy tale of the Constitutional Court in the Italian Constituent Assembly: Aesop’s sheep or Cinderella?: Constitutional Court and the judiciary: it takes two to tango: The direct complaint according to the Constitutional Court: a superfluous instrument?: The direct complaint within constitutional literature. A rarefied yet not a sterile debate: The Potential Virtues and Risks of Abstract Constitutional Challenges and Individual Complaints: Some Reflections From Spain: Constitutional challenges: a powerful weapon: Constitutional challenges: problems with time: Constitutional challenges and the risk of politicization: Constitutional complaints to safeguard fundamental rights: ConclusionDialogue V: Judicial Reasoning and Interpretation: Forms and Methods of Constitutional Interpretation – Italian Style: Constitutional interpretation in contemporary Italian legal culture: The nature of constitutional norms: Constitutional norms vs. constitutional programs: Constitutional rules, principles, and values: Constitutional interpretation and conceptions of the constitution: The defensive constitution: The foundational constitutionThe principle-based model: The values-based model: Taking stock: The Relationship between Forms and Methods in Constitutional Interpretation: Comparative Reflections: Constitutional norms and interpretive choice: Choosing among interpretive choices: ConclusionDialogue VI: National Constitutional Adjudication in a Transnational Context: The Italian Constitutional Court in the European Space: An Empirical Approach: A story of opening up: The quantitative experiment: process and caveats: A year in numbersThe demand side for européanisation: Judicial encounters with European legal orders: European relationality at work: Pride and boundary-marking: Respect and sensibility: Persuasion and resistance: A qualitative test for dialogue: Conclusion: European Relationality in the European Legal Space: Country-Specific Mixtures within One European Style: Relationality in the European legal space: an Italian feature, or a European device?: The Belgian Constitutional Court’s approach towards the European courts in 2016: The demand side for europeanisation: Judicial encounters with European legal orders: European relationality at work in 2016: The Belgian Constitutional Court’s approach towards the European courts in the long-term: Respect: Pride: Resistance: Conclusion: Power Is Perfected in Weakness: On the Authority of the Italian Constitutional CourtThe idea of "strength in weakness": Limited access: Low profile: Adverse environmentPlaying poker