POLI 330 Lecture Notes - Lecture 6: Italian Fascism, Constitutional Court Of Italy, Constitution
2 Oct 2014
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Document Summary
How constitutional courts deliberate: common law supreme courts follow the diffuse review model, the supreme court is on top of a hierarchy, diffuse review model relies on 3 principles. When the court reaches a decision, if there are disagreements amongst the justices, the disagreements are noted in a published dissent opinion: the vote that the supreme court justices took to reach an opinion is also known. A petition is filed, they deliberate and then society only gets the decision down: rarely publish dissents and there is rarely information on how the vote broke. They aren"t supposed to be interpreting so they need clear guidance as to how the law is to be interpreted and apply the law. What happens after a constitutional court strikes down a law as unconstitutional. The constitutional court tells the legislature what they can have and what they cannot have.
