Il formante giurisprudenziale nei sistemi di governo parlamentare: sviluppi recenti

Jurisprudence as “legal formant” in parliamentary systems of government: recent developments

Abstract

The essay aims to highlight that the "jurisdictionalisation" of politics is no longer limited to the field of material political choices (and their consequences on fundamental rights), but touches the institutional organisation itself and the balance between political powers. This is particularly evident in the case of parliamentary systems, and it is therefore of extreme interest to inquire how judges attempt to combine the proverbial flexibility of parliamentary government with the application of normative paradigms, an activity proper to the judicial function.