The Political Direction (“indirizzo politico”) of the Constitutional Court
Journal title DIRITTO COSTITUZIONALE
Author/s Edoardo Caterina
Publishing Year 2026 Issue 2026/2
Language Italian Pages 20 P. 65-84 File size 176 KB
DOI 10.3280/DC2026-002004
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This essay examines the nature of the Constitutional Court’s political direction (“indirizzo politico”) within the context of a democratic and pluralist state. Moving beyond the monistic conception and the notion of a political-constitutional orientation, it adopts a substantive perspective in which the Court operates as a decision-maker guided by political assessments and the balancing of values. The article highlights how the political nature of the Court’s approach is not neutralised by arguments such as reasonableness, proportionality or the legislature’s discretion. The legitimacy of the Court’s approach does not derive from democratic representation, but from a deliberative, collegial and argumentative model which stands as a structural alternative to the decision-making mechanisms of the political-representative system.
Keywords: Constitutional Court, Political Direction, Deliberative Democracy, Legislative Discretion.
Edoardo Caterina, L’indirizzo politico della Corte costituzionale in "DIRITTO COSTITUZIONALE" 2/2026, pp 65-84, DOI: 10.3280/DC2026-002004