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Dynamic Reflections on Constitutional Justice

Authors: SCARCIGLIA, Roberto;

Dynamic Reflections on Constitutional Justice

Abstract

This article attempts to propose critical reflections on “historical” models of Constitutional Review.The gradual depletion of the simplified classification system of constitutional review has been identified, by some scholars, as a failure of the bipolar American-European model. This means that it is necessary to rethink the approach to analysing constitutional review, in light of legal traditions, positive law within legal systems, and comparative methodologies. Consequently, judicial review could be studied according to the internal perspectives of the Supreme and Constitutional Courts’ decision-making processes, rather than externally observable legal characteristics. As of recently, legal studies have been converging with other sciences, such as cognitive science. They have been considering the relationship between consciousness and comparison, and even the field of cognitive errors in judgment, and the development of decisions taken by Courts.

Country
Italy
Keywords

"Constitutional Justice", "Judicial Opinions","Neuroscience and Law"

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
gold