
Contents
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A. Genesis and Development A. Genesis and Development
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1. The Court in the Deliberations of the Constituent Assembly (1946–1948) 1. The Court in the Deliberations of the Constituent Assembly (1946–1948)
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a) A New Institution a) A New Institution
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b) Concentrated Statutory Review b) Concentrated Statutory Review
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c) A Difficult Institution c) A Difficult Institution
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2. The Establishment of the Constitutional Court (1948–1956) 2. The Establishment of the Constitutional Court (1948–1956)
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3. The Development until Today (1956–2018) 3. The Development until Today (1956–2018)
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B. The Constitutional Court Today B. The Constitutional Court Today
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1. The Institution 1. The Institution
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2. The Principle of Collegiality 2. The Principle of Collegiality
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3. The Types of Proceedings 3. The Types of Proceedings
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a) Judicial Review of Legislation a) Judicial Review of Legislation
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i. Concrete judicial review i. Concrete judicial review
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ii. Abstract judicial review ii. Abstract judicial review
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b) Conflicts of Attribution b) Conflicts of Attribution
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i. Conflicts of attribution between State branches of government i. Conflicts of attribution between State branches of government
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ii. Conflicts between the State and the Regions ii. Conflicts between the State and the Regions
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c) The Admissibility of Law-Abrogating Referenda c) The Admissibility of Law-Abrogating Referenda
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d) Impeachment Procedures Against the President of the Republic d) Impeachment Procedures Against the President of the Republic
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4. The Decision 4. The Decision
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C. The Role and Function of Constitutional Jurisdiction C. The Role and Function of Constitutional Jurisdiction
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1. The Constitutional Court and the Legislative Branch 1. The Constitutional Court and the Legislative Branch
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2. The Constitutional Court and the Judiciary 2. The Constitutional Court and the Judiciary
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3. The Constitutional Court and the Italian Parliamentary System 3. The Constitutional Court and the Italian Parliamentary System
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4. The Constitutional Court and Regionalism 4. The Constitutional Court and Regionalism
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D. Italian Constitutional Justice Within the European and International Legal Space D. Italian Constitutional Justice Within the European and International Legal Space
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1. The Marginalization of the Court with Regard to Human Rights Protection 1. The Marginalization of the Court with Regard to Human Rights Protection
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2. The Constitutional Court at the Service of Union Law and the ECHR 2. The Constitutional Court at the Service of Union Law and the ECHR
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3. The Constitutional Court as Mouthpiece of the Italian Constitution and Guide for the Courts Within the European Legal Space 3. The Constitutional Court as Mouthpiece of the Italian Constitution and Guide for the Courts Within the European Legal Space
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E. Conclusion E. Conclusion
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9 The Italian Constitutional Court
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Published:March 2020
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Abstract
This chapter looks at the origins, history, and present-day status of the Italian Constitutional Court. It argues that the theme of the Italian constitutional jurisdiction’s Europeanization and internationalization relies on two premises. First, the indispensable interaction between the Constitutional Court, the ECJ, and the ECtHR shakes the premises and foundations of the centralized review of legislation. Second, the process of Europeanization and internationalization of constitutional justice is an ongoing process that is far from having reached a stable end. Today, the chapter shows how the Court seems to have embarked on a new ‘path’ of European multi-tier constitutionalism. Although the path’s end is neither in sight today nor devoid of contradictions, three possible scenarios regarding Italian constitutional jurisdiction emerge from the current jurisprudence of the Court.
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