Le Corti costituzionali tra tutela del pluralismo e delle singole identità

Constitutional courts, protection of pluralism and safeguard of single identities

Abstract

Abstract: In the last decades, groups or newly recognized groups have addressed their claims of recognition to constitutional and supreme courts, asking for the protection of their rights on equal terms with the majority, but at the same time the protection of their own identities. The article argues that new claims of recognition are transforming constitutional judicial discourse. Moving from constitutional and supreme court cases on equal marriage, it emphasizes a major shift in the use of arguments of equality. The article suggests that courts are departing from traditional standards of review and are instead adopting judicial arguments based on the relationship between equality and dignity.

Keywords: Fundamental rights, Pluralism, Same-sex marriage, Dignity, Equality.