Questioni etiche e scelte tragiche tra corti e legislatori

Ethical issues and tragic choices in relations between courts and legislators

Abstract

Ethical issues and tragic choices in relations between courts and legislators – The paper focuses on how courts and legislators deal with ethical issues when they require tragic choices. Definitions of the notions of ‘ethical issues’, ‘tragic choices’, and ‘relationships between the judiciary and the legislative power’ are provided. The empirical phase of the analysis is carried out by focusing on examples taken from the case law of several Constitutional and Supreme Courts. The comparative approach helps identify trends and solutions that Courts adopt when they face sensitive cases that are capable of having a huge impact on their legitimacy.

Keywords: Case law; Courts; Ethical issues; Legislators; Tragic choices.