The decision-making process is under stress all around Europe. The aim of this paper is to demonstrate the influence of the current explicit criticism against representative democracy on the slipping of power from politics into judges. By means of an analysis of the most updated italian case-law of the Court of Cassation and the Constitutional Court, we can infer that in Italy – a civil law system – a parallel decision-making circuit exists. In fact, this slipping towards a judicial-oriented decision making process is enforced by the same essence of populism. In fact, the latter is based on the idea of the failure of both the Parliament and, generally, of the representative democracy institutions. In conclusion, the paper aims at offering a fair overlook of the slipping of the decision making process from politics into judges in a civil-law system as Italy.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.Call For Papers and Panels