Dialogues on Italian Constitutional Justice: A Comparative Perspective - Dialogues on Italian Constitutional Justice: A Comparative Perspective -

: Relationality as the hallmark of the Italian Style of constitutional adjudication : Relationality revisited : Relationality vs. weakness: perception and reality Relationality "unpacked": Official vs. Unofficial relationality : Dialogue as a method : Relationality and constitutional pluralism Dialogue I: Constitutional Courts and Legal Scholarship : Je T’aime … Moi Non Plus: Some Considerations on (and Impressions of) the Relationships between Constitutional Justice and Legal Scholarship : The difficulties encountered during research : The semi-direct sources : The indirect sources : Implied sources : Reasons (and prospects) for the absence of direct sources : An impression, not a conclusion : The Wasp and the Orchid: Constitutional Justice and Legal Scholarship Need Each Other : The influence of legal scholarship on constitutional justice : Semi-direct sources : Indirect sources : Implied sources : The perception of constitutional justice by legal scholarship : The perception of the constitutional court itself : The perception of constitutional case law : The destinies of constitutional justice and legal scholarship are more intertwined than ever before Dialogue II: Open and Closed Forms of Constitutional Adjudication : Openness and Transparency in Constitutional Adjudication: Amici Curiae, Third-Party Intervention, and Fact-Finding Powers : The legislative and autonomous framework : Third-parties and amici curiae: case-law and scholarly debate : The established case-law on third-party interventions : The scholarly debate on amici curiae briefs : Case law and scholarly debate on fact-finding : Conclusion Post Scriptum: "The Court Opens to Hearing the Voice of Civil Society": Procedural Rules and the Cultivation of Well-Informed and Responsive Constitutional Judiciaries : Benefits, risks and challenges of ‘open’ constitutional adjudication : Designing for participation-friendly constitutional litigation and well-rounded judicial deliberations : Of hermeneutics and legal formants : Concluding thoughts Dialogue III: The Principle of Collegiality : Collegiality Over Personality: The Rejection of Separate Opinions in Italy : The meaning of the collegiality principle and its repercussions on separate opinions The Constitutional Court’s position: preservation of the status quo : Pros and cons: the debate among scholars : Conclusion : “Collegiality” in Comparative Context : A spectrum of collegiality : Dialogue and legal development : Institutional legitimacy : Conclusion Dialogue IV: Access to Constitutional Adjudication : Direct Constitutional Complaint and Italian Style do not Match. Why Is That?: The fairy tale of the Constitutional Court in the Italian Constituent Assembly: Aesop’s sheep or Cinderella?: Constitutional Court and the judiciary: it takes two to tango : The direct complaint according to the Constitutional Court: a superfluous instrument?: The direct complaint within constitutional literature. A rarefied yet not a sterile debate : The Potential Virtues and Risks of Abstract Constitutional Challenges and Individual Complaints: Some Reflections From Spain : Constitutional challenges: a powerful weapon : Constitutional challenges: problems with time : Constitutional challenges and the risk of politicization : Constitutional complaints to safeguard fundamental rights : Conclusion Dialogue V: Judicial Reasoning and Interpretation : Forms and Methods of Constitutional Interpretation – Italian Style : Constitutional interpretation in contemporary Italian legal culture : The nature of constitutional norms : Constitutional norms vs. constitutional programs : Constitutional rules, principles, and values : Constitutional interpretation and conceptions of the constitution : The defensive constitution : The foundational constitution The principle-based model : The values-based model : Taking stock : The Relationship between Forms and Methods in Constitutional Interpretation: Comparative Reflections : Constitutional norms and interpretive choice : Choosing among interpretive choices : Conclusion Dialogue VI: National Constitutional Adjudication in a Transnational Context : The Italian Constitutional Court in the European Space: An Empirical Approach : A story of opening up : The quantitative experiment: process and caveats : A year in numbers The demand side for européanisation : Judicial encounters with European legal orders : European relationality at work : Pride and boundary-marking : Respect and sensibility : Persuasion and resistance : A qualitative test for dialogue : Conclusion : European Relationality in the European Legal Space: Country-Specific Mixtures within One European Style : Relationality in the European legal space: an Italian feature, or a European device?: The Belgian Constitutional Court’s approach towards the European courts in 2016 : The demand side for europeanisation : Judicial encounters with European legal orders : European relationality at work in 2016 : The Belgian Constitutional Court’s approach towards the European courts in the long-term : Respect : Pride : Resistance : Conclusion : Power Is Perfected in Weakness: On the Authority of the Italian Constitutional Court The idea of "strength in weakness": Limited access : Low profile : Adverse environment Playing poker