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Bulletin on Constitutional Case-law

Bulletin on Constitutional Case-law PDF Author:
Publisher:
ISBN:
Category : Constitutional courts
Languages : en
Pages :

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Bulletin on Constitutional Case-law

Bulletin on Constitutional Case-law PDF Author:
Publisher:
ISBN:
Category : Constitutional courts
Languages : en
Pages :

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Dialogues on Italian Constitutional Justice

Dialogues on Italian Constitutional Justice PDF Author: Vittoria Barsotti
Publisher: Routledge
ISBN: 1000217310
Category : Law
Languages : en
Pages : 290

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Book Description
This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.

Dialogues on Italian Constitutional Justice

Dialogues on Italian Constitutional Justice PDF Author: Vittoria Barsotti
Publisher: Routledge
ISBN: 1000217477
Category : Law
Languages : en
Pages : 290

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Book Description
This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.

Italian Constitutional Justice in Global Context

Italian Constitutional Justice in Global Context PDF Author: Vittoria Barsotti
Publisher: Oxford University Press
ISBN: 0190214554
Category : Constitutional courts
Languages : en
Pages : 306

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Book 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.

The Struggle for Constitutional Justice in Post-Communist Europe

The Struggle for Constitutional Justice in Post-Communist Europe PDF Author: Herman Schwartz
Publisher: University of Chicago Press
ISBN: 9780226741963
Category : History
Languages : en
Pages : 347

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Book Description
In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region. "Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book. . . . [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis."—James L. Gibson, Law and Politics Book Review

A European Space of Justice

A European Space of Justice PDF Author: Justin Orlando Frosini
Publisher: Longo Angelo
ISBN:
Category : Law
Languages : en
Pages : 338

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"Which model of judge for an emerging Europe? Which principle of legality for a European space? These are questions that are still highly controversial that this book has attempted to answered with an original approach. This publication is the result of two EU funded, distance learning courses for judges from Albania, Bosnia-Herzegovina, Croatia, Macedonia and Serbia & Montenegro, which offered the opportunity for jurists coming from numerous countries in Europe to address fundamental topics of European legal integration. From this experience a selection of papers has been published herein."--Cover.

A Cosmopolitan Legal Order

A Cosmopolitan Legal Order PDF Author: Alec Stone Sweet
Publisher: Oxford University Press
ISBN: 0192559168
Category : Law
Languages : en
Pages : 272

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Book Description
In this book, Stone Sweet and Ryan provide an accessible introduction to Kantian constitutional theory and the law and politics of European rights protection. Part I sets out Kant's blueprint for achieving Perpetual Peace and constitutional justice within and beyond the nation state. Part II applies these ideas to explain the gradual constitutionalization of a Cosmopolitan Legal Order: a transnational legal system in which justiciable rights are held by individuals; where public officials bear the obligation to fulfil the fundamental rights of all who come within the scope of their jurisdiction; and where domestic and transnational judges supervise how officials act. Such an order was instantiated in Europe through the combined effects of Protocol no. 11 (1998) to the ECHR and the incorporation of the Convention into national law. The authors then describe and assess the strengthening of the European Court's capacities to meet the challenge of chronic failures of protection at the domestic level; its progressive approach to the "qualified" rights covering privacy and family life, and the freedoms of expression, conscience, and religion; the robust enforcement of the "absolute" rights, including the prohibition of torture and inhuman treatment; and its determined efforts to render justice to all people that come under its jurisdiction, including non-citizens whose rights are violated beyond Europe. Today, the Strasbourg Court is the most active and important rights-protecting court in the world, its jurisprudence a catalyst for the construction of a cosmopolitan constitution in Europe and beyond.

Social Justice and the Constitution

Social Justice and the Constitution PDF Author: Pingle Jaganmohan Reddy
Publisher: Visakhapatnam : Andhra University Press
ISBN:
Category : Constitutional history
Languages : en
Pages : 92

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Constitutional Courts in Asia

Constitutional Courts in Asia PDF Author: Albert H. Y. Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 406

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Book Description
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

Constitutional commentary

Constitutional commentary PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

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