The Judiciary and the Crisis of Political Representation: A Constitutional Metamorphosis?

Author/s Benedetta Barbisan
Publishing Year 2019 Issue 2019/1 Language English
Pages 31 P. 5-35 File size 281 KB
DOI 10.3280/CEU2019-001001
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The basic idea is to connect two phenomena characterising some constitutional contexts but not always put in strict relation: on one side, the mechanisms devised by several courts according to which they can address structural problems via individual petitions, guiding (or even deputising) the action of other branches to correct those distortions and, on the other, the crisis of representation that seems to make legislators and executives inadequate for providing the justice to which citizens aspire. The pilot judgment procedure enforced by the European Court of Human Right is a rather telling example of a practice by which structural criticalities are tackled while responding to an individual petition. In this vein, the crucial question is whether the growing shift of trust from the classic representative form of democracy to technocracy may trigger only ephemeral changes or if it is destined to lead to actual constitutional metamorphoses: are courts destined to look like medieval parliaments?

Benedetta Barbisan, The Judiciary and the Crisis of Political Representation: A Constitutional Metamorphosis? in "CITTADINANZA EUROPEA (LA)" 1/2019, pp 5-35, DOI: 10.3280/CEU2019-001001