Constitutional justice in the Republic of San Marino

Small States. A Collection of Essays, 2019

The article investigates the Sammarinese system of constitutional adjudication, framing it within the Sammarinese legal tradition, and outlines their interplay. In particular, the paper analyses the path leading to the establishing of a weak form of constitutional review in 1974 and of a sui generis constitutional court, the Collegio Garante della Costituzionalità delle Norme (Guarantors' Panel on the Constitutionality of Rules) in 2002. This double analysis determines whether the Sammarinese model owes more to the Republic of San Marino being a small(micro) state or to its extraordinary and unique legal history.