Matteo Giannelli

Separate Opinions, Constitutional Court Periods and Developments of the Form of Government

  • Abstract

Informations and abstract

Keywords: Italian Constitutional Court, Separate Opinions, Dissenting Opinions, Principle of Collegiality, Judicial Review of Legislation

The debate on the introduction of separate opinions has developed throughout the history of the Italian Republic, not only within the academic community but also among constitutional judges. The transformations of the role of the Constitutional Court in the institutional system today forcefully re-propose this issue: the Court is increasingly called upon to express its opinion on complex issues on which it is difficult to reach fully agreed solutions. This contribution, after reviewing the most important theoretical issues, focuses on the appropriateness of introducing the separate opinions in the Italian system of judicial review of legislation, in the light of the changes introduced in the system constitutional adjudication in 2020.

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