Gabriele Fattori

Assisted Reproductive Technology law (n. 40/2004) and the counter-majoritarian dilemma in the struggle between legislative and judicial power in Italy

  • Abstract

Informations and abstract

Keywords: Assisted Reproduction; Procreation; Embryo; Constitutional Legitimacy; Counter-Majoritarian Dilemma.

Law n. 40/2004, approved by the Italian Parliament and regulating assisted reproduction, tried to fashion an equilibrium between the need to guarantee the possibility of procreation and the need to protect the embryo. Since the approval of the law, decisions of the judiciary have, in practice, overturned the position dictated by the legislation. The history of law n. 40/2004 is a reminder of the constant struggle between the text of the law, the evolution of criteria to assess its constitutional legitimacy, and the counter-majoritarian role of the judiciary.

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