“Relationality:” New Colors for the European Model of Constitutional Justice

2016 Morris Lecturer Vittoria Barsotti, Chaired Professor of Comparative Law and Ph.D. Program Director, University of Florence School of Law, speaks on \u27Relationality\u27: New Colors for the European Model of Constitutional Justice. Relationality is slowly becoming a new and positive feature of the continental European model of constitutional adjudication. This does not necessarily entail giving up national constitutional identity. A relational attitude, while favoring dialogue and cooperation, can also serve to defend national values and to help Constitutional Courts remain central within their own legal order. This, for example, is the case of the Italian Constitutional Court whose “style” has been defined as deeply “relational.” After a long period of resistance, the Italian system is now open and direct with other European judicial bodies. This openness is not focused on an unreasoned importation of judicial solutions from outside. It is rather a two-way relationship among peers, a dialogue that triggers constructive convergence but also leaves room for difference and distinctiveness. Runtime: 1:00:4

The Supreme Court and the Religion Clauses of the First Amendment: Trials and Tribulations in Constitutional Interpretation

The case law interpreting the religious clauses of the First Amendment of the Constitution is extremely complex and not always coherent. This paper will try to draw an essential “map” of the decisions of the Supreme Court of the United States in order to focus on issues, problems and solutions comparable to the ones that are relevant in the Italian legal system. After a very brief historical introduction, in the second part I will describe the most important cases on the Establishment Clause distinguishing several subjects areas: Access to school facilities on part of religious organizations; Religious symbols on public spaces; Prayer before a school sport event; Prayer at school; Curricula; Funding of religious schools. In the third part, following a schematic overview of the problems related to the interpretation of the Free Exercise Clause, I will describe the most relevant cases before 1960 and the recent developments. Part four will underline that the Warren Court – to a large extent followed by the Burger Court – offered a wide range interpretation of both the Establishment and the Free Exercise Clauses, while a change occurred during the years of Chief Justice Rehnquist. In part five I will observe that year 2005 is a significant one. In fact, President Bush (who had not had the possibility to fill any vacancy during his first term) appointed two new Justices. Chief Justice Roberts has been called to the chair that had belonged for a long time to Rehnquist, and Justice O’Connor (whose vote had always been decisive in matters of relationship between state and church) is replaced by Justice Alito. The importance of 2005 also emerges with relation to the religious clauses of the First Amendment. Evidence shows that, although the most conservative members of the Republican Party have been trying to influence the interpretation of both clauses, they have not always succeeded in their intent. Finally, I will briefly analyze Gonzales v. O Centro, an important case on religious freedom, decided in 2006 by the new court

“Relationality:” New Colors for the European Model of Constitutional Justice

2016 Morris Lecturer Vittoria Barsotti, Chaired Professor of Comparative Law and Ph.D. Program Director, University of Florence School of Law, speaks on \u27Relationality\u27: New Colors for the European Model of Constitutional Justice. Relationality is slowly becoming a new and positive feature of the continental European model of constitutional adjudication. This does not necessarily entail giving up national constitutional identity. A relational attitude, while favoring dialogue and cooperation, can also serve to defend national values and to help Constitutional Courts remain central within their own legal order. This, for example, is the case of the Italian Constitutional Court whose “style” has been defined as deeply “relational.” After a long period of resistance, the Italian system is now open and direct with other European judicial bodies. This openness is not focused on an unreasoned importation of judicial solutions from outside. It is rather a two-way relationship among peers, a dialogue that triggers constructive convergence but also leaves room for difference and distinctiveness. Runtime: 1:00:4

Il nuovo ruolo delle Corti supreme nell'ordine politico e istituzionale : dialogo di diritto comparato

Divulgação dos SUMÁRIOS das obras recentemente incorporadas ao acervo da Biblioteca Ministro Oscar Saraiva do STJ. Em respeito à lei de Direitos Autorais, não disponibilizamos a obra na íntegra

Italian Constitutional Justice in Global Context

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\u27s own voice to emerge. It presents broad syntheses of major areas of the Court\u27s 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\u27s jurisprudence in the larger arc of global judicial dialog.https://scholarship.law.nd.edu/law_books/1293/thumbnail.jp

Introduction. Dialogue as a method

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 areas the chapter highlits the Italian approach in comparison with other international experiences

Italian Constitutional Justice in Global Context

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\u27s own voice to emerge. It presents broad syntheses of major areas of the Court\u27s 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\u27s jurisprudence in the larger arc of global judicial dialog.https://scholarship.law.nd.edu/law_books/1293/thumbnail.jp

Dialogues on italian constitutional justice : a comparative perspective

No abstract availabl