This article analyzes the role of the Italian Constitutional Court in the face of the phenomenon of populism. Starting off with a general analysis of the relationship between the Court and populism, in which the former defends the value of pluralism in the face of the monist view of society advocated by some populist movements. The Court's contribution in referendum admissibility judgments is then analyzed, highlighting its limitations and virtues. In addition to the important contribution of the Court in avoiding distorted and instrumental uses of the instrument, from the reflection emerges the need to delineate new and more stringent boundaries in the activity of the constitutional Judge. In this way, anchoring decisions to predictable and consistent argumentative paths makes it possible to limit the danger of delegitimizing the Court and emphasizing populist resentment in society.
Corte costituzionale italiana e populismo: virtù e limiti del giudizio di ammissibilità del referendum abrogativo
Ottavia Di Capua
In corso di stampa
Abstract
This article analyzes the role of the Italian Constitutional Court in the face of the phenomenon of populism. Starting off with a general analysis of the relationship between the Court and populism, in which the former defends the value of pluralism in the face of the monist view of society advocated by some populist movements. The Court's contribution in referendum admissibility judgments is then analyzed, highlighting its limitations and virtues. In addition to the important contribution of the Court in avoiding distorted and instrumental uses of the instrument, from the reflection emerges the need to delineate new and more stringent boundaries in the activity of the constitutional Judge. In this way, anchoring decisions to predictable and consistent argumentative paths makes it possible to limit the danger of delegitimizing the Court and emphasizing populist resentment in society.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.