Of Bridges And Walls: The “Italian Style” Of Constitutional Adjudication
Taking into account the methodology adopted by the Italian constitutional Court in its legal reasoning, the essay puts forward a framework of its jurisprudence, showing the approach followed in constitutional adjudications. In order to retrace the trends of the Italian constitutional judge, the author follows two charts that, in 60-years history, inspired the intervention of the constitutional Court in Italy: an “institutional relationality” and an “interpretative relationality”. In this perspective, on the one hand, the article examines the relationship that the Italian Court establishes with the other branches of government at national level. On the other hand, the essay considers the effects of European integration and globalization on constitutional law in general, scrutinizing the interaction between the Italian constitutional Court, the Court of Justice of the European Union and the European Court of Human Rights.