The Italian Way To The “Political Question”
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.