Evoluzione della giurisdizione costituzionale e separazione dei poteri: note introduttive

Abstract

Evolution of constitutional jurisdiction and separation of powers: introductory remarks – These introductory remarks highlight some of the issues underlying the two following articles, with specific reference to the relationship between judicial review of legislation and political decision-making. These notes address as well the issue of the different techniques used by constitutional courts to strike down legislation or put off the effects of their decisions.

Keywords: Counter-majoritarian difficulty; Judicial activism; Judicial review of legislation; Passive virtues; Separation of powers.