Dialogues on Italian Constitutional Justice: A Comparative Perspective


Relationality as the hallmark of the Italian Style of constitutional adjudicationRelationality revisitedRelationality vs. weakness: perception and realityRelationality "unpacked"Official vs. Unofficial relationalityDialogue as a methodRelationality and constitutional pluralismDialogue I: Constitutional Courts and Legal ScholarshipJe T’aime … Moi Non Plus: Some Considerations on (and Impressions of) the Relationships between Constitutional Justice and Legal ScholarshipThe difficulties encountered during researchThe semi-direct sourcesThe indirect sourcesImplied sourcesReasons (and prospects) for the absence of direct sourcesAn impression, not a conclusionThe Wasp and the Orchid: Constitutional Justice and Legal Scholarship Need Each OtherThe influence of legal scholarship on constitutional justiceSemi-direct sourcesIndirect sourcesImplied sourcesThe perception of constitutional justice by legal scholarshipThe perception of the constitutional court itselfThe perception of constitutional case lawThe destinies of constitutional justice and legal scholarship are more intertwined than ever beforeDialogue II: Open and Closed Forms of Constitutional AdjudicationOpenness and Transparency in Constitutional Adjudication: Amici Curiae, Third-Party Intervention, and Fact-Finding PowersThe legislative and autonomous frameworkThird-parties and amici curiae: case-law and scholarly debateThe established case-law on third-party interventionsThe scholarly debate on amici curiae briefsCase law and scholarly debate on fact-findingConclusionPost Scriptum: "The Court Opens to Hearing the Voice of Civil Society"Procedural Rules and the Cultivation of Well-Informed and Responsive Constitutional JudiciariesBenefits, risks and challenges of ‘open’ constitutional adjudicationDesigning for participation-friendly constitutional litigation and well-rounded judicial deliberationsOf hermeneutics and legal formantsConcluding thoughtsDialogue III: The Principle of CollegialityCollegiality Over Personality: The Rejection of Separate Opinions in ItalyThe meaning of the collegiality principle and its repercussions on separate opinionsThe Constitutional Court’s position: preservation of the status quoPros and cons: the debate among scholarsConclusion“Collegiality” in Comparative ContextA spectrum of collegialityDialogue and legal developmentInstitutional legitimacyConclusionDialogue IV: Access to Constitutional AdjudicationDirect 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 tangoThe direct complaint according to the Constitutional Court: a superfluous instrument?The direct complaint within constitutional literature. A rarefied yet not a sterile debateThe Potential Virtues and Risks of Abstract Constitutional Challenges and Individual Complaints: Some Reflections From SpainConstitutional challenges: a powerful weaponConstitutional challenges: problems with timeConstitutional challenges and the risk of politicizationConstitutional complaints to safeguard fundamental rightsConclusionDialogue V: Judicial Reasoning and InterpretationForms and Methods of Constitutional Interpretation – Italian StyleConstitutional interpretation in contemporary Italian legal cultureThe nature of constitutional normsConstitutional norms vs. constitutional programsConstitutional rules, principles, and valuesConstitutional interpretation and conceptions of the constitutionThe defensive constitutionThe foundational constitutionThe principle-based modelThe values-based modelTaking stockThe Relationship between Forms and Methods in Constitutional Interpretation: Comparative ReflectionsConstitutional norms and interpretive choiceChoosing among interpretive choicesConclusionDialogue VI: National Constitutional Adjudication in a Transnational ContextThe Italian Constitutional Court in the European Space: An Empirical ApproachA story of opening upThe quantitative experiment: process and caveatsA year in numbersThe demand side for européanisationJudicial encounters with European legal ordersEuropean relationality at workPride and boundary-markingRespect and sensibilityPersuasion and resistanceA qualitative test for dialogueConclusionEuropean Relationality in the European Legal Space: Country-Specific Mixtures within One European StyleRelationality in the European legal space: an Italian feature, or a European device?The Belgian Constitutional Court’s approach towards the European courts in 2016The demand side for europeanisationJudicial encounters with European legal ordersEuropean relationality at work in 2016The Belgian Constitutional Court’s approach towards the European courts in the long-termRespectPrideResistanceConclusionPower Is Perfected in Weakness: On the Authority of the Italian Constitutional CourtThe idea of "strength in weakness"Limited accessLow profileAdverse environmentPlaying poker
 
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