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Home » Archive » Dissenting Opinions Between Collegiality And Pluralism. The Italian Constitutional Court And The U.S. Supreme Court

Alessandro Marinaro
Dissenting Opinions Between Collegiality And Pluralism. The Italian Constitutional Court And The U.S. Supreme Court
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This article aims to analyse the approach of the Italian Constitutional Court to internal dissent and to its (absent) externalisation, utilising both the extensive literature emerged from the decades-long national debate on the introduction of dissenting opinions and the comparison with the radically different Supreme Court of the United States. Indeed, the technique of comparison proves to be particularly suitable to trace the nexus between the absence of externalised dissent in the Constitutional Court and the very nature of the Court itself. In light of these considerations, the comparison with the United States allows to highlight both how deep-rooted the absence of externalised dissent is in the contemporary Italian system of constitutional justice and how its introduction would require a wide array of complex structural changes. Therefore, it is concluded that the presence or absence of externalised dissent should be considered and treated as a dependent variable in relation to the system as a whole, rather than an independent one. If the presence of externalised dissent does not emerge as a structural need from the system itself, the impact of its introduction risks to be materially irrelevant or superfluous, if not counterproductive.

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