Introduction: Dialogues as A Method

Document Type

Book Chapter

Publication Date

2021

Publication Information

in Dialogues on Italian Constitutional Justice: A Comparative Perspective 1 (Vittoria Barsotti, Paolo G. Carozza, Marta Cartabia, & Andrea Simoncini eds., 2021).
Available in Hesburgh Library

Abstract

From the Publisher

The Italian Constitutional Court represents one of the earliest, strongest, and most successful examples of constitutional judicial review established in the last century. Beyond national borders, together with the Constitutional Court of Germany it has served as an important forerunner of the “postwar paradigm” and one of the principal prototypes for later constitutional tribunals in other parts of Europe, from Spain and Portugal in the 1970s and 1980s, to Central and Eastern Europe after the collapse of the communist regimes in the 1990s, to the more recent reform of the French Conseil Constitutionnel in 2008. More than other institutional actors such as legislatures, chief executives, and ordinary courts, specialized constitutional courts are always required to find and preserve their place in the constitutional map in a location equidistant from both the judicial and political branches, so that they are effectively in a position to relate to both audiences.

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