The Constitutional Court should change its role and develop a cooperative context between the parties, rather than continue with a Manichean vision between the parties (especially in conflicts between lobbies and government). The current decision-making process of the Court, at least in the Italian experience, has shown an inadequacy: it does not have the necessary tools to sentence. In fact, the requests for the unconstitutionality of government policies, often advanced, through judges, by different lobbies fall into different contexts (juridical-political and economic) and in these contexts the judgments of the Court risk creating uncertainty in the economy. Rather a different role could be to generate a focal point on which the parties should converge.
A strategic framework for the Constitutional Court
Chiarini Bruno
;Aprile Maria Carmela
2020-01-01
Abstract
The Constitutional Court should change its role and develop a cooperative context between the parties, rather than continue with a Manichean vision between the parties (especially in conflicts between lobbies and government). The current decision-making process of the Court, at least in the Italian experience, has shown an inadequacy: it does not have the necessary tools to sentence. In fact, the requests for the unconstitutionality of government policies, often advanced, through judges, by different lobbies fall into different contexts (juridical-political and economic) and in these contexts the judgments of the Court risk creating uncertainty in the economy. Rather a different role could be to generate a focal point on which the parties should converge.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.