Autore: Cartabia, Marta
Titolo: Le Corti e la Democrazia
Periodico: Quaderni costituzionali
Anno: 2025 - Fascicolo: 1 - Pagina iniziale: 69 - Pagina finale: 96

The author analyses the current tensions between constitutional courts and political power in both uncertain and established democracies, considering this phenomenon closely linked to the crisis of rule of law and democracy itself. The essay reconstructs the reasons for the cultural climate of hostility experienced by constitutional courts, stressing the need for relations between institutions to be marked not by competition for supremacy, but by dialogue and cooperation under the banner of constitutional balance between powers. In the last part of the paper, the author shows how constitutional courts, while being antimajoritarian institutions, cannot be considered institutions hostile to democracy. Constitutional democracy has accepted the necessity of the limit on power, and the constitutional courts were established to safeguard the separation of powers and the guarantee of rights. For these reasons, the attack on the Courts and their independence in the name of the sovereign people is not an affirmation of democracy; instead, it is an attack on an essential part of contemporary constitutional democracy of which the Courts are guarantors.




SICI: 0392-6664(2025)1<69:LCELD>2.0.ZU;2-J
Testo completo: https://www.rivisteweb.it/download/article/10.1439/116445
Testo completo alternativo: https://www.rivisteweb.it/doi/10.1439/116445

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