This article examines the institution of amicus curiae in Italian constitutional jurisprudence, starting with a brief examination of its historical origins and offering a comparative overview of its use in different legal systems. The practice that has developed in these first years following the introduction of the institution is then analysed, focusing on the participation of amici curiae: how many and which ones there are, in which types of judgments they turn out to be most active, what substantial contribution they make to the debate, and how such interventions are valued in final decisions. In the conclusions, net of a positive assessment of the institute, some critical issues are also highlighted, proposing possible improvements for its more effective use in the context of Italian constitutional jurisprudence.
L’impatto degli amici curiae sulla giurisprudenza costituzionale. Un’indagine empirica
Ottavia Di Capua
In corso di stampa
Abstract
This article examines the institution of amicus curiae in Italian constitutional jurisprudence, starting with a brief examination of its historical origins and offering a comparative overview of its use in different legal systems. The practice that has developed in these first years following the introduction of the institution is then analysed, focusing on the participation of amici curiae: how many and which ones there are, in which types of judgments they turn out to be most active, what substantial contribution they make to the debate, and how such interventions are valued in final decisions. In the conclusions, net of a positive assessment of the institute, some critical issues are also highlighted, proposing possible improvements for its more effective use in the context of Italian constitutional jurisprudence.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
