Constitutional justice

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.