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Constitutional justice

Authors: Justin Orlando Frosini;

Constitutional justice

Abstract

This chapter address the following topics: 1. Terminological Premise. – 2. Models of Constitutional Review. – 2.1. The Genesis of Judicial Review: Dr Bonham’s Case. – 2.2. The US Model of Constitutional Review. – 2.3. The Austrian Model of Constitutional Review. – 3. Structure, Composition and Appointment of Constitutional or Supreme Courts. – 4. The Salient Features of Constitutional Review. – 4.1. What Constitutional Body carries out Constitutional review? – 4.2. When is Review carried out? – 4.3. How can a Constitutional Petition be lodged with a Constitutional or Supreme Court? – 4.4. What Types of Decision can be taken? – 4.5. What Effects do the Decisions of Constitutional or Supreme Courts have? – 4.6. Other Functions of Constitutional or Supreme Courts. – 5. Composition, Functioning and Jurisdiction of the Italian Constitutional Court. – 6. Constitutional Review in Italy. – 6.1. Justiciable Acts. – 6.2. The Parameter of Judgment. – 6.3. The Proceedings. – 6.3.1. The Incidenter Proceedings. – 6.3.2. The Principaliter Proceedings. – 6.3.3. A Third Proceeding? Constitutional Review of the Statutes of the Ordinary Regions. – 6.4. Types of Decision. – 6.4.1. Decisions of Inadmissibility. – 6.4.2. Judgments of Acceptance and Dismissal. – 6.4.3. Interpretative Judgments. – 6.4.4. Manipulative Judgments. – 6.4.4.1. Judgments of Partial Acceptance. – 6.4.4.2. Substitutive Judgments. – 6.4.4.3. Additive Judgments. – 6.4.5. Exhortative Judgments. – 7. The Other Functions of the Italian Constitutional Court. – 7.1. Resolution of Jurisdictional Disputes. – 7.1.1. Resolution of Jurisdictional Disputes between Branches of Government. – 7.1.2. Resolution of Jurisdictional Disputes between the State and the Regions. – 7.2. Impeachment of the President of the Republic. – 7.3. Judgment of Admissibility of Abrogative Referendums.

Country
Italy
Related Organizations
Keywords

CONSTITUTIONAL JUSTICE, CONSTITUTIONAL COURTS, SUPREME COURTS, CONSTITUTIONAL REVIEW, JUDICIAL REVIEW, MARBURY V. MADISON, HANS KELSEN

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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
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