Results 221 to 230 of about 3,385 (245)

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

Human Rights, Between Supreme Court, Constitutional Court and Supranational Courts: The Italian Experience

2016
This essay analyses the role of the Constitutional Court and of the Supreme Court of Cassation in protecting human rights also throught the prism of the supranational case law.
openaire   +3 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
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I The Constitutional Court, 1 The Historical Development of Italian Constitutional Adjudication

2016
One of the remarkable facts of constitutional judicial review in Italy is the way in which it was grafted onto a tradition of law that had been very inhospitable to any such practice prior to the mid-twentieth century. The development of this unprecedented institution and the factors that contributed to its success not only assist the reader to ...
Barsotti Vittoria, Carozza Paolo G, Cartabia Marta, Simoncini Andrea   +3 more
openaire   +1 more source

Two decades of Italian antitrust and the Constitutional Court

Mercato Concorrenza Regole, 2010
Analisi critica della pronuncia con cui la Corte costituzionale ha riconosciuto la conformità alla Carta Repubblicana della legge che, in vista della crisi di Alitalia, sospendeva temporaneamente la vigenza della disciplina in materia di concentrazioni.
Stecchetti Lorenzo, Amaretti Giulio
openaire   +1 more source

The March 2021 Italian constitutional court ruling on surrogacy: a prelude to common European legislation for the sake of reproductive health?

European Journal of Contraception and Reproductive Health Care, 2022
Simona Zaami, Alessandro Del Rio, Susanna Marinelli   +2 more
exaly  

The European Court of Human Rights and the Italian Constitutional Court: No ‘Groovy Kind of Love’

2015
Il saggio si concentra sui rapporti, non sempre idilliaci, tra corte costituzionale italiana e corte europea dei diritti dell ...
openaire   +2 more sources

The Italian Constitutional Court

International and Comparative Law Quarterly, 1968
openaire   +1 more source

The Italian Constitutional Court and Comparative Law. A Premise

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.
G. F. Ferrari, A. Gambaro
openaire   +1 more source