Sara Lieto Pasquale Pasquino

Metamorphosis of the Italian Constitutional Justice

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Abstract

The article, analyzing some important recent opinions of the Italian Constitutional Court, tries to assess the evolution of the role of this crucial institution in our constitutional democracy. It argues that this organ, supposed at its outset to exercise a simple veto power (negative legislation), is now a branch of the divided power exercising law-making function and an essential mechanism for checking the elected majority.

Keywords

  • Constitutional Adjudication
  • Law-Making Function
  • Divided Power

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