Michele Massa

Referenda, Democracy and Constitutional Litigation: The Italian Case of 2016

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Abstract

In Italy, the constitutional referendum of 2016 (the third of its kind, after the referendums of 2001 and 2006) was preceded by judicial controversies before civil and administrative courts and also, briefly, before the Constitutional Court. The essay summarizes the issues at stake, as well as the points of convergence and divergence of the different rulings. It conclusively points to the highly objective and institutional guarantees surrounding amendments of the Constitution, and to the central role of the Parliament in this procedure.

Keywords

  • Constitutional Amendments
  • Constitutional Referendum
  • Judicial Review
  • Democracy

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