Gian Paolo Dolso

The judiciary and the Constitution from the standpoint of judge-made law's creativism

  • Abstract

Informations and abstract

Keywords: Constitution; Judiciary; Judge-made Law; Legal Interpretation; Fundamental Rights; Precedent.

The article deals with the study of the role of judges in the Italian constitutional system. After reviewing the steps that led to the adoption of a certain model of the judiciary in Italy, the author highlights the interactions between the judiciary and the other powers of the State. Within this frame, the model of judge-made law seems problematic. The creative nature of some judicial decisions, although not unprecedented, is increasingly frequent. In this regard, the author reconstructs some significant examples taken from recent case law. This case law raises several questions that the author examines. The last problem examined has to do with the relationship between the creative power of the judges and compliance to the rule of precedent.

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