The protection of fundamental rights before the Italian Constitutional Court and the Spanish Constitutional Tribunal: two models in comparison

Abstract

The essay compares the Italian and Spanish constitutional justice models, highlighting the elements of similarity and those of difference, starting from the different historical moment in which they were designed. Particular attention, since they are two centralized models, is dedicated to the access modalities to the Constitutional Judge, in order to demonstrate how the incidental modality in Italy and the constitutional amparo in Spain have, in many respects, reached similar conclusions, although starting from very different assumptions.
Finally, a reflection is made on the advisability of inserting a direct appeal in Italy, based mainly on the lessons that can be drawn from the Spanish experience.