De-constructing and re-building procedural standards. New trends in the current stage of the Italian constitutional review of legislation

In the present stage of Italian Constitutional justice, the Constitution’s gatekeeper has developed into a highly interventionist political actor, thereby reshaping some of its traditional procedural standards. Such evolution towards a less constrained judicial review of legislation raises concerns. Part of the doctrine maintains that the foreseeable effect of this proactive decision-making method would be the deconstruction of the institutional pillars on which the constitutional state is founded. In this light, the traditional principle of separation of powers would be jeopardized. However, the paper aims to temper this negative perspective, by arguing that these disrupting changes to the institutional balances and the legal framework are only seemingly disruptive. By focusing on recent notable case-law, it will be highlighted that the Court’s conduct indicates its intention to reconsider the constitutive elements of its modus operandi without relinquishing its jurisdictional approach. In this scenario of “de-constructing” and “re-building”, what emerges is the Court’s will to impose upon itself new procedural limitations as well as to strengthen universally adopted decisional schemes, such as the proportionality test, strongly emerges.