Judicial Activism in Italy

Abstract

‘ Activismo ’ is a term that has been attached to the judiciary in Italy only recently, and, as usually the case elsewhere, carries a pejorative connotation and lacks a coherent definition. Judicial activism, in the Italian case, generally is linked to policy-making by the judiciary, through judicial review or judicial interpretation. Critics of the judiciary point to decisions they view as undesirable as evidence of activism, while supporters of judicial policies applaud the independence displayed by judges. The task of clarifying the constitutionally acceptable limits of judicial authority is colored by the political persuasion of the observer and muddled by the different stances assumed by the various types of courts in Italy. These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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