Sergio Bartole

Reasoning about Judges and Legislators

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Moving from recent debates concerning the "right" balance between the judicial and the legislative power in the Italian legal system, the article aims at showing that the increasing role of the judiciary is in many cases a necessary consequence of some basic premises of that legal system, among which the direct effect of the Constitution and the widespread diffusion of a "civil law" version of stare decisis should more carefully be taken into account.


  • Judicial Power
  • Legislative Power
  • Constitution
  • Stare Decisis


Article first page

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