Bulletin n. 2-3/2012
October 2012-February 2013
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Giuseppe Martinico
    The Importance of Consistent Interpretation in Subnational Constitutional Contexts: Old Wine in New Bottles?
    in Perspectives on federalism , vol. 4, issue 2 ,  2012 ,  269-293
    In this paper I will focus on the role of national common judges (“giudici comuni”) in systems that are not characterized by a dual court system (one of the elements indentified by Gardner as peculiar to fully fledged federal states) especially looking at the lower courts. This paper is structured as follows: first, I am going to recall the debate on the consequences- in terms of legal uncertainty- of the proliferation of fundamental charters in non- federal systems; second, I am going to frame this issue within the categories of some fashionable constitutional theories; third, I will try to explain why national (lower) judges may play a fundamental role in solving many of the normative inconsistencies that this scenario creates
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