L’opinione dissenziente nelle Corti costituzionali: un formante giurisprudenziale con influenza sul procedimento legislativo?

The dissenting opinion in Constitutional Courts: a “judicial formant” with an impact on the lawmaking process?

Abstract

The paper deals with the role and functions of the dissenting opinion in Constitutional Courts in a comparative perspective, focusing especially on the interaction between judicial activity and lawmaking process. On the one side, particular
attention will be paid to the influence the dissent can have on how Judges apply the law and parliamentary Assemblies act. On the other one, it will be highlighted that the dissenting opinion could also contribute to the shaping of a certain relationship between Judges and Parliaments, in order to favour a dialogue between different points of view and to consolidate the way both of them work.