Governing Without Judges.” Executive Ambitions and Judicial Resistance in Italy

Bibliographic Data

ID6445474
AuthorsLuigi Rullo (0000-0002-8224-0408, University of Naples Federico II, corresponding author)
Year2025
Volume53
Issue6
Publication date2025-11-17
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenuePolitics & Policy (JOURNAL)
Journal identifiersISSN: 1555-5623 • E-ISSN: 1747-1346
PublisherWiley (PUBLISHER • GB)
DOI10.1111/polp.70087
OpenAlexW7105861176
LanguageEN
References cited75

Courts around the world are under unprecedented stress. In recent years, they have been increasingly expected to develop strategies to resist the weakening of democratic institutions due to actions taken by personalized governments. This article focuses on Italy as a forerunner case in the international scenario and as a positive example of judicial resistance, providing insights into how the Constitutional Court has resisted and implemented effective measures to resist the government's attacks. The article shows how Silvio Berlusconi's governments exerted pressure on democratic principles, forcing the Court to play a significant role in defending Italian democracy. The article first reviews the existing literature, observing how the study of the role of courts has become even more pressing in times of democratic erosion. Second, it presents an empirical analysis of an original dataset of 3587 rulings from 1996 to 2020. Third, it investigates two different types of judicial resistance including off‐bench use of communication. Lastly, it offers concluding remarks and openings for further comparative analyses. Related Articles Aguiar Aguilar, A. A. 2023. “Courts and the Judicial Erosion of Democracy in Latin America.” Politics and Policy 51, no. 1: 7–25. https://doi.org/10.1111/polp.12516 . McNally, D. 2016. “Norms, Corruption, and Voting for Berlusconi.” Politics and Policy 44, no. 5: 976–1008. https://doi.org/10.1111/polp.12173 . Basabe‐Serrano, S. 2012. “Presidential Power and the Judicialization of Politics as Determinants of Institutional Change in the Judiciary: The Supreme Court of Ecuador (1979‐2009).” Politics and Policy 40, no. 2: 339–61. https://doi.org/10.1111/j.1747‐1346.2012.00348.x

Democracy · Judicial activism · Judicial Independence · Judicial review · Politics · Separation of powers · Supreme court · Voting · Judicial and Constitutional Studies · Law in Society and Culture · Legal Language and Interpretation

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