Resumen de Functional equivalence despite formal differences? comparing case selection mechanisms in the supreme court of the United States and the constitutional court of Italy.

Matthew R. Goldammer

• A legal system’s apex court wields immense authority by issuing final judgments from which there is no further appeal. The Supreme Court of the United States and the Constitutional Court of Italy are both apex courts and, when working through and ultimately deciding cases, affect their countries’ legal and social consciousness in tangible and potentially long-lasting ways. Though the form of these apex courts’ constitution, composition, and jurisdiction differs significantly, both courts utilize case selection mechanisms that functionally achieve similar results and goals. This article compares and analyzes these courts’ case selection mechanisms in their proper context and scope, noting the ramifications that these case selection mechanisms might have on the apex courts’ respective legal systems. This article ultimately concludes that when comparing how these apex courts choose cases, it is proper to adopt a via media approach, one that ultimately considers both the formal differences and functional similarities of these apex courts’ case selection mechanisms.