In this essay I first situate the crucifix case in the frame of the Italian legal, political and cultural context, with references to similar cases decided in other European jurisdictions.I then highlight the novelty of the Lautsi case and emphasise its potentially positive implications in strengthening the counter-majoritarian role of the ECtHR, while at the same time remaining mindful of its possible negative consequences. If, as it seems likely, the Italian institutions and the Italian people will resist the European judgment, this could in fact set the premises for a weakening of the authority of Court.
The Crucifix Rage. Supranational Constitutionalism Bumps Against the Counter-Majoritarian Difficulty / S.Mancini. - In: EUROPEAN CONSTITUTIONAL LAW REVIEW. - ISSN 1574-0196. - STAMPA. - 6:(2010), pp. 6-27. [10.1017/S1574019610100029]
The Crucifix Rage. Supranational Constitutionalism Bumps Against the Counter-Majoritarian Difficulty
MANCINI, SUSANNA
2010
Abstract
In this essay I first situate the crucifix case in the frame of the Italian legal, political and cultural context, with references to similar cases decided in other European jurisdictions.I then highlight the novelty of the Lautsi case and emphasise its potentially positive implications in strengthening the counter-majoritarian role of the ECtHR, while at the same time remaining mindful of its possible negative consequences. If, as it seems likely, the Italian institutions and the Italian people will resist the European judgment, this could in fact set the premises for a weakening of the authority of Court.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
