Results 191 to 200 of about 2,095,726 (230)
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Physician–Patient Relationship, Assisted Suicide and the Italian Constitutional Court

Journal of Bioethical Inquiry, 2021
In 2017, Italy passed a law that provides for a systematic discipline on informed consent, advance directives, and advance care planning. It ranges from decisions contextual to clinical necessity through the tool of consent/refusal to decisions anticipating future events through the tools of shared care planning and advance directives.
Turillazzi E.   +4 more
openaire   +3 more sources

The Italian Constitutional Court in the European Space: An Empirical Approach

2021
The chapter provides an empirical assessment of the position of the Italian constitutional court in the European multi-level and multi-dimensional constitutional space. Taking the year 2016 as a case study, the chapter offers a critical review of all the decisions published that year by the Italian Constitutional Court on issues related to European ...
openaire   +3 more sources

The impact of the European courts on the Italian Constitutional Court

2011
This chapter describes the impact of EU law and of the ECHR on the case law of the Italian Constitutional Court.
MARTINICO, GIUSEPPE, O. Pollicino
openaire   +2 more sources

The Italian Constitutional Court and the European Court of Justice: From Separation to Interaction?

European Public Law, 2008
ANALYSIS OF THE FIRST REQUEST OF A PRELIMINARY REFERENCE SENT BY THE ITALIAN CONSTITUTIONAL COURT TO THE EUROPEAN COURT OF ...
openaire   +3 more sources

Constitutional Reasoning in the Italian Constitutional Court

2014
This article deals with the context and methods of constitutional reasoning developed by the Italian Constitutional Court in 40 cases that have been selected for being considered as “leading cases” within the Italian system (until June 2013). It is part of the CONREASON (Constitutional Reasoning in a Comparative Perspective) Project, hosted by the Max ...
GROPPI, TANIA, SPIGNO, IRENE
openaire   +1 more source

Between Procedural Impermeability and Constitutional Openness: The Italian Constitutional Court and Preliminary References to the European Court of Justice

European Law Journal, 2010
AbstractOn 15 April 2008, the Italian Constitutional Court (ICC) raised for the first time a preliminary question to the European Court of Justice (ECJ). This decision (see judgment No 102/2008 and order No 103/2008) represented a turning point in the ICC's case‐law, and calls for a careful assessment of the motives backing such revirement as well as ...
Fontanelli, F, Martinico, G
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The Power Laws of the Italian Constitutional Court, and Their Relevance for Legal Scholars

2015
The paper examines two different sets of rulings by the Italian Constitutional Court (“ICC”), namely the in via incidentale (“IVI”), and the in via principale (“IVP”), rulings, vis-à-vis the web of scholarly opinions (“WSO”), devoted to such cases.
Tommaso Agnoloni, Ugo Pagallo
openaire   +2 more sources

The Italian Constitutional Court and Comparative Law: A Tale of Two Courts

SSRN Electronic Journal, 2013
Reference to foreign precedents by Constitutional Courts varies steadily across countries. Countries can be divided into two broad groups, a divide following closely the common/civil law divide. While in countries such as Australia, Canada, Ireland, Israel and South Africa, the use of foreign law is widespread, in the second group (comprising Austria ...
openaire   +1 more source

The Italian Constitutional Court and Comparative Law

2010
In recent years there has been increased attention towards the use of foreign law in the decisions of Supreme Courts. In particular, in the United States legal scholarship has debated whether Constitutional Courts should refer to a wider constitutional culture when carrying out constitutional interpretation.1 Notwithstanding the fact that many of the ...
FERRARI, GIUSEPPE FRANCO, A. Gambaro
openaire   +1 more source

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