Ines Ciolli

The new challenges of constitutional Courts: global markets, terrorism and immigration. The Italian case

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Abstract

The first one is about the inclusion of constitutional judges in political decisions because they are called to supply or sometimes to replace parliaments, which are enables to make unpopular choices. «Exceptionality » and «promptness» are two new and challenging developments that Constitutions have to face when entering the global world. The challenge for the Constitutional Courts is an insidious and unnatural one: they were born to govern, with certain and predictable rules, moments that are at times exceptional: the relationship with continuous exceptionality and emergency shines the spotlight on their inadequacy. Moreover, there is also a continuous and palpable tension between Constitutions - which are designed to last, theoretically, for all eternity so as to be immortal and in force indefinitely - and the precarious nature of the fast time frames and contracts now demanded of state institutions in order to regulate increasingly fleeting and fluid current phenomena.

Keywords

  • Constitutional Courts
  • Immigration
  • Terrorism
  • Economic Crisis
  • Global Challenge

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