Is there a political question doctrine in Italy? Following an historical-empirical perspective, the essay analyses how and when the Italian Constitutional Court deals with controversies featuring issues of a political nature. The article investigates the crucial relationship between constitutional review and democratic processes, underlining the political nature of constitutional justice. The decisions of the Italian Constitutional Court concerning “political questions” are here studied in order to reflect on the constant connection between law and politics and to show what role is truly played by the Constitutional Court in the Italian legal system. The final objective is to identify certain matters that are primarily political in nature and best resolved by the politically accountable branches of government

Zicchittu, P. (2016). The Italian way to the “political questions”. ITALIAN JOURNAL OF PUBLIC LAW, 7(1), 222-262.

The Italian way to the “political questions”

Zicchittu, P
2016

Abstract

Is there a political question doctrine in Italy? Following an historical-empirical perspective, the essay analyses how and when the Italian Constitutional Court deals with controversies featuring issues of a political nature. The article investigates the crucial relationship between constitutional review and democratic processes, underlining the political nature of constitutional justice. The decisions of the Italian Constitutional Court concerning “political questions” are here studied in order to reflect on the constant connection between law and politics and to show what role is truly played by the Constitutional Court in the Italian legal system. The final objective is to identify certain matters that are primarily political in nature and best resolved by the politically accountable branches of government
Articolo in rivista - Articolo scientifico
Political question; Italian Constitutional Court and politics; procedural decisions; case selection; Parliament
English
222
262
41
Zicchittu, P. (2016). The Italian way to the “political questions”. ITALIAN JOURNAL OF PUBLIC LAW, 7(1), 222-262.
Zicchittu, P
File in questo prodotto:
File Dimensione Formato  
The Italian Way to the Political Question.pdf

accesso aperto

Tipologia di allegato: Publisher’s Version (Version of Record, VoR)
Dimensione 345.26 kB
Formato Adobe PDF
345.26 kB Adobe PDF Visualizza/Apri

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10281/105833
Citazioni
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
Social impact