Giulio Salerno

After the Italicum: Constitutional Jurisprudence as Connection Point between Republican Institutions

  • Abstract

Informations and abstract

Keywords: Constitutional Court; Electoral Law; Judges; Head of States; Parliament.

This essay analyzes the case law of the Italian Constitutional Court dealing with electoral laws and its relation with other republican institutions. Judges are incolved insofar as they can activate the judgment of the Constitutional Court by raising a preliminary issue in order to restore fullness of the free vote as protected in the Constitution. Also the President of the Republic is involved because electoral legislation, especially after the intervention of the Constitutional Court, is a decisive element for the stability of parliamentary system that is guaranteed by the President himself. Finally, Parliament is the primary receipient of the Court's decisions on electoral matters: it has the task of formulating the new electoral laws taking into account the "constitionality block" created by the Court with the summing up of sentences no. 1 of 2014 and n. 35 of 2017.

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