The essay examines the role of the Constitutional Court, emphasizing that it performs political functions. Rather than being purely judicial in a neutral sense, the Court influences political processes by shaping legislative priorities, guiding public debate, coordinating courts within European integration, reviewing policies for national unity, and determining issues suitable for referendums. It advocates moving beyond traditional neutral views of constitutional justice, suggesting a need to redefine the Court’s functions and identify research avenues aligned with its broader institutional role.
Caruso, C. (2025). Le funzioni politiche della giustizia costituzionale. LO STATO, 24, 11-43.
Le funzioni politiche della giustizia costituzionale
Corrado Caruso
2025
Abstract
The essay examines the role of the Constitutional Court, emphasizing that it performs political functions. Rather than being purely judicial in a neutral sense, the Court influences political processes by shaping legislative priorities, guiding public debate, coordinating courts within European integration, reviewing policies for national unity, and determining issues suitable for referendums. It advocates moving beyond traditional neutral views of constitutional justice, suggesting a need to redefine the Court’s functions and identify research avenues aligned with its broader institutional role.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


