Silvia Bagni

Beyond models and systems of constitutional justice: Some methodological reflections

  • Abstract

Informations and abstract

Keywords: Classifications; Methodology; Constitutional Justice; Conventionality Control; Typologies.

The classification of the systems of judicial review of legislation is one of the main subjects of study of comparative (constitutional) law. Notwithstanding this long doctrinal tradition, it is useful at this point to have a reflection on the scope of classification and on the aims that lead the researcher to select the criteria on which typologies are built and to understand if this activity is still conducted following all the necessary steps of scientific comparative method. An aspect that needs a much stricter methodological analysis, as to justify the comparability with the institutions of judicial review of legislation, is the so called control of conventionality, which has been treated the same as constitutional justice, apparently without a serious reflection on its nature and purpose. Following these two perspectives, the author proposes new models of classification of constitutional justice and she disputes the inclusion of the control of conventionality in this typology.

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