Is there a political question theory in Italy?

Esiste una teoria della political question in Italia?

Abstract

The essay compares the ‘political question doctrine’ with the theme of the ‘legislator’s discretion’. After a brief overview of the American doctrine and of the Italian rules on the limits of the constitutional review (Art. 134 Const. and Art. 28 Law 87/1953), the study dwells on what seem to be the points of contact of the political question with the limit of legislative discretion to the activity of the Italian Constitutional Court. The final part of the essay identifies the substantial differences that prevent the conceptual overlap of these two “limits” to the activities of the Courts.