Italian Constitutional Court, Kelsen’s Pure Theory and Solving ‘Hard’ Cases  

by Zia Akhtar

The legal system is a kernel of rules in which the crucial role is that of the law making body. The most important factor in the promulgation of laws is the ability to challenge any unfair or unjust law by invoking the powers of judicial review. In Italy, which practices a Civil law jurisdiction there is a constitutional court that conducts the judicial review of laws that concern the citizens. The creation of the Italian Constitutional Court is based on the theory of Hans Kelsen, that formulated the need for a higher court to judicially review legislation and invalidate legislative acts with the power to interpret a Bill of Rights. The issue that needs examination is if the Court has sufficient powers to solve the ‘hard’ cases that are raised by applicants relating to the decisions of administrative bodies delegated by the executive. This article deals with the question in a jurisprudential context by applying legal theory in this political-legal evaluation in the area of social welfare law where the court has been interventionist in interpreting the legislation. This is will clarify its scope and powers and its political-legal role within the framework of the Italian constitution.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

 Read the full article