Mario Midiri

The Court, Politicians and the Spoils System

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The text tackles the following topics: the Court and the choices of political direction; political direction and political dependence; impartiality, due course, legislative discretion; legislative reforms, flexibility and efficiency: the concurrence of the Court; a realistic approach? (apropos of Constitutional Court Sentence No. 233 of 2006); the persistent doubts of judges: the 'squeeze' of 2007; compensation for damage and the public interest (Constitutional Court Sentence No. 351 of 2008); open questions; the actions of the Court: too much prudence? Legislative praxis and developments.


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