Giovanni Bisogni

«In-political» court and the rebus of constitutional justice

  • Abstract

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Keywords: Gustavo Zagrebelsky, constitutional justice, political role of constitutional courts, judicial nature of constitutional adjudication.

The article scrutinizes the conception of constitutional justice by Gustavo Zagrebel- sky. No doubt, in Zagrebelsky’s view, that constitutional courts do not apply law exactly as a common judge: indeed, interpretation has a great impact when we have to do with constitutions and for sure the idea that rules always provide one right answer is out of date. But, for Zagrebelsky, this is not a good reason to deem constitutional tribunals as legislators in disguise and the best way to show this is to argue the judicial nature of them. The result is an account which, contrary to many others, takes into open consideration the ‘specificity’ of constitutional justice, but this consideration seems to be rather reluctant to admit the political role of constitutional courts.

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