Don't Waste Your Vote (Again!). The Italian Constitutional Court's Decision on Election Laws: An Episode of Strict Comparative Scrutiny

ICON·S Working Paper – Conference Proceedings Series 1, no. 10/2015

44 Pages Posted: 9 Oct 2015

See all articles by Andrea Pin

Andrea Pin

University of Padua - Department of Public Law

Erik Longo

University of Macerata, Department of Law

Date Written: May 7, 2015

Abstract

With a single judgment (sent. 1/2014), the Italian Constitutional Court has almost revolutionized Parliamentary election law, the national political landscape, the types of controversies with which it deals, and the means through which it reviews domestic legislation. In order to do so, the Court drew from globalized concepts and levels of scrutiny such as the so-called “proportionality test,” making explicit references to foreign decisions, while downplaying the Constitutional Framers’ intention. Although this decision has brought Italy closer in line with the trends that characterize contemporary global constitutionalism, its concrete effects on Italian law and the political system are not so promising or clear. This paper investigates the explicit and implicit sources of inspiration for the decision, its hidden implications, and it resonates with globalized trends in constitutional law.

Keywords: Comparative Constitutional Law, Proportionality Test, Election Laws

JEL Classification: K10

Suggested Citation

Pin, Andrea and Longo, Erik, Don't Waste Your Vote (Again!). The Italian Constitutional Court's Decision on Election Laws: An Episode of Strict Comparative Scrutiny (May 7, 2015). ICON·S Working Paper – Conference Proceedings Series 1, no. 10/2015, Available at SSRN: https://ssrn.com/abstract=2670634

Andrea Pin

University of Padua - Department of Public Law ( email )

via Anghinoni, 3
via VIII Febbraio, 2
Padova, 35121
Italy

Erik Longo (Contact Author)

University of Macerata, Department of Law ( email )

Piaggia dell'Università 2
Macerata, 62100
Italy

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