Verso un giudizio dell’ottemperanza costituzionale? Alcuni spunti di riflessione a partire dallo sperimentalismo costituzionale colombiano

Towards a judicial procedure of constitutional compliance? Some insights from Colombian constitutional experimentalism

Abstract

Towards a judicial procedure of constitutional compliance? Some insights from Colombian constitutional experimentalism - In times of global democratic regression, the Parliament’s inertia on the safeguard and the recognition of people’s fundamental rights prompts urgent reflection on the real effectiveness of the Constitution in the Italian legal system. The comparison with the Colombian constitutional order, and particularly with the legal mechanisms adopted by the Colombian Constitutional Court to enforce its decisions, opens up the domestic constitutional imaginary to the possibility of introducing in Italy a procedure of compliance for the execution of the decisions issued by the Constitutional Court.

Keywords: Collaborative constitutionalism; Colombia; Compliance with constitutional court’s decisions; Italy; Transformative constitutionalism.