Enzo Cheli

Constitutional Court and Political Power. Reflections around a Recent Essay by Andrea Morrone

  • Abstract

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Keywords: Model of Constitutional Adjudication; Judicial Activism; Constitutional History; Political Directions; Legitimacy of the Constitutional Court.

This article critically reviews Andrea Morrone’s essay on «judicial suprematism», published in issue 2/2019 of this Journal. According to the Author, the thesis of «judicial suprematism», when referred to the Constitutional Court, fails to consider the inherent and natural evolution of the Italian original model of constitutional adjudication particularly needed in the highly divisive political and social context. The constitutional history of the country has triggered the development of forms of cautious «judicial activism» by the Court, which has always been aware of the legal and political implications of its decisions. By the same token, recent initiatives taken up by the Court, for example to visit schools and prisons, can be regarded as attempts to promote a «mediatization» of this institution, in line with the level of transparency requested to fulfil its role and to consolidate its legitimacy.

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