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A comparative perspective on direct access to Constitutional and Supreme Courts in Africa, Asia, Europe and Latin America: assessing advantages for the Italian Constitutional Court

journal contribution
posted on 2023-06-08, 22:45 authored by Gianluca GentiliGianluca Gentili
Part I of this article provides a comparative overview of the origins, structure and functioning of the systems of direct access to constitutional and supreme courts adopted worldwide, addressing Latin American, European, Asian and African jurisdictions, focusing on the structure of the individual constitutional complaint and on admissibility requirements. Part II will then address possible benefits (if any) of the introduction of such such a system in Italy. After presenting the main features of the Italian system of judicial review, the article will describe proposals that, since 1947, have been presented to introduce a system of direct access to the Italian Constitutional Court in order to supplement the already existing avenues of access to the Court. Part III will then offer some reflections on the actual advantages (if any) that adoption of such a system would bring to the Italian legal system, compared to the already existing incidenter control of constitutionality ("controllo di costituzionalita in via incidentale")

History

Publication status

  • Published

File Version

  • Published version

Journal

Penn State International Law Review

ISSN

1546-3435

Publisher

Dickinson School of Law

Issue

4

Volume

29

Page range

705-758

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2015-10-13

First Compliant Deposit (FCD) Date

2015-10-12

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