Giurisdizione costituzionale e decisioni politiche: quali confini?

Constitutional jurisdiction and political decisions: which edges?

Abstract

Constitutional jurisdiction and political decisions: which edges? - The purpose of this essay is to provide a few insights into the complex relationship between the political sphere and constitutional Courts and Tribunals, as the increasing involvement of courts for the resolution of inherently political disputes raises considerable questions about their ability to function as independent bodies that uphold the rule of law and the orderly and physiological development of democratic processes. The analysis is carried out from a comparative perspective, considering some significant experiences belonging to both the common law and civil law traditions. Despite their intrinsic differences, they demonstrate the existence of a fil rouge, represented by the attempt to identify interpretive techniques or approaches of self-restraint that allow the courts to deal with issues of different political tones.

Keywords: Constitutional adjudication; Judicial activism; Judicial restraint;  Juristocracy; Political questions.