Abstract

GROPPI, Tania. ¿Hacia una justicia constitucional "dúctil"? Tendencias recientes de las relaciones entre Corte Constitucional y jueces comunes en la experiencia italiana. Bol. Mex. Der. Comp. [online]. 2003, vol.36, n.107, pp.481-504. ISSN 2448-4873.

The author puts forward a study on the role performed by the Italian Constitutional Court vis a vis the problem of legitimacy of constitutional justice. She starts with a description of the tension that has been developing between constitutional justice and democracy in Italy. Later, she analyzes the Italian system of constitutional justice, explaining that it is a concentrated system in which the decisions of the Court produce erga omnes effects. Moreover, she explains how it is that the problem of legitimacy has influenced on the formation and functioning of the Constitutional Court. In this sense, she examines the transformations that the Italian system has experienced, concerning the effects of the Court's decisions and the participation of ordinary judges in the system of constitutional justice.

Keywords : constitutional justice; legitimacy; democracy; erga omnes effects.

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