The paper aims at investigating which effects derive on the role of Constitutional Courts from the increasing difficulty shown by the legislator, in contemporary pluralistic societies, in balancing and implementing constitutional rights. Originally seen as anti-majoritarian bodies, Constitutional Courts were often conceived as negative legislators and forms of judicial scrutiny on the activity of the legislator. This explains why, once the legislator loses its capacity to set some kind of regulation of constitutional rights, it becomes more difficult for Constitutional Courts to play the role they have been conceived for. This brings Constitutional Courts to try to establish forms of direct dialogue with the legislator and in some cases even to protect the role of the Parliament. The paper will consider examples taken from the recent activity of the Italian Constitutional Court and will reason on the respective evolution, in continental Europe, of constitutionalism and parliamentarism.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S