The system of guarantees Flashcards
GUARANTEES
Instruments to protect our rights and the system of liberal democracy
How can be the system of the judiciary organized?
- Unique judiciary: only one judiciary system, internally subdivided into different divisions and organized in courts;
each level of “higher/lower” courts may be divided in different “divisions”: civil, criminal, labor, … - Multiple judiciary: constituted by two or more systems of judiciary in parallel
What are the systems of judiciary in which the system of multiple judiciary is subdivided?
- Ordinary judiciary: main judiciary system; hear civil and criminal cases; is organized in “higher/lower” courts and, eventually, in selected “divisions”; it may involve “juries” composed of common people
- Special juiciary: differs from the ordinary judiciary in the selection of judges and courts panels, composed also by experts non-trained in law;
they can heare specific cases on the basis of: personnel | lawsuit | public/private position of the litigants
How can be the judges selected?
- Appointed judges (by other state’s bodies/by special audit panels)
- Elected judges (by the people)
- Selected judges (by public concourse)
What are the requisites to be selected?
- none
- barristers
- judges
- lawyers
What are the types of criminal justice?
- Public prosecutor (belonging to the judiciary/executive branch)
- Criminal judges: sitting judge (adversarial model) / investigating judge (inquisitional model)
How can the independence of the judges be guaranteed?
- By specific superior councils
- By specific guarantees
CONSTITUTIONAL JUSTICE
It protects the constitution in a non-political way, controlling over the acts of the congress or of the parliament in order to protect the supremacy of the constitution
How can the body of constitutional justice be?
- Political (members not trained in law)
- Judicial (members are judges or experts)
How can a political body of constitutional justice be?
- Monocratic: composed of just one member external to the legislative branch (Head of State, super partis), that verifies the constitutionality of the acts
- Collegial: internal to the legislative branch (Parliamentary commission) or external (Constitutional Council)
How can the judicial body of constitutional justice be divided?
- Ordinary courts of the judiciary branch (with a centralized or decentralized control of a compliant, during a trial)
- Specialized courts = Constitutional Court (only centralized and separated from the judiciary branch)
The Lodging: how can it be made?
- Type: Petition/Question
- Time: Preventative/Repressive
- Access: Incidental/Direct
LODGING –> PETITION
= ricorso; to submit a doubt or a request even if it is not connected to a case; it may be constrained by a term.
LODGING –> QUESTION
A doubt is found during a pending case; it cannot be connected with a term.
LODGING –> TIME: PREVENTATIVE
= a priori; you may verify if an act is in compliance with the constitution only before the trial ends, before the act of the congress enters into force
