La Corte mediatica e la Corte attivista: i nuovi volti della giustizia costituzionale italiana

Abstract

ABSTRACT: The Italian model of constitutional justice shows both static and highly dynamic traits. The latter in particular concern the communication of the Court and the dynamics of the incidental judgement. An idea of a 'representative' Court of social identities still without representation seems to emerge in parallel with a programme of intervention aimed at rendering constitutional justice in any case. All this not only recalls themes and problems well known to studies on constitutional justice from Kelsen onwards, relating to the political or jurisdictional nature of Constitutional Courts, but also forces us today to question ourselves anew on the Court's prerogatives, on the exercise of its normative powers, and on the margins within which the rules and principles of the judgement on laws can be flexible and adaptable to the pursuit of the goal of 'rendering constitutional justice'. The author proposes a cautious approach on the communication side, to be based more on the principle of publicity than on those of transparency, representativeness or accountability, and a recourse to the Court's normative powers to regulate the communication strategy. With regard to "rendering constitutional justice", the author underlines the normative and systemic limits that the pursuit of this aim encounters, attempting to identify even within the most recent constitutional jurisprudence pronouncements that may constitute models of reference (Constitutional Court no. 54 of 2022) or critical points of the system of constitutional guarantees of supreme principles (Constitutional Court no. 192 of 2023) in the debate on the activism and repositioning of the Court.