The Italian Constitutional Court is currently manifesting centralizing tendencies, which result in the achievement of a role of unprecedented relevance for the Constitution’s gatekeeper. Taking the cue from this new scenario, the paper aims at highlighting how the Italian constitutional Court has also developed a new approach to Parliament’s unresponsiveness. Unlike previous stages, whereby the Parliament’s lack of reaction to judicial stimuli proved detrimental to the effectiveness of the judicial review, some recent landmark judgements suggest that legislative omissions have become a crucial procedural element in the Court’s reasoning and a solid cornerstone to legitimize the Court’s activism.
Legislative unresponsiveness in the current stage of the Italian constitutional justice. A brief overview
Giulia Vasino
2021
Abstract
The Italian Constitutional Court is currently manifesting centralizing tendencies, which result in the achievement of a role of unprecedented relevance for the Constitution’s gatekeeper. Taking the cue from this new scenario, the paper aims at highlighting how the Italian constitutional Court has also developed a new approach to Parliament’s unresponsiveness. Unlike previous stages, whereby the Parliament’s lack of reaction to judicial stimuli proved detrimental to the effectiveness of the judicial review, some recent landmark judgements suggest that legislative omissions have become a crucial procedural element in the Court’s reasoning and a solid cornerstone to legitimize the Court’s activism.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.