The constitutional court in Italian politics

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Abstract
The Italian constitutional court was established as an extra‐political guardian of the constitution, but it has assumed an important role in policy‐making which is far removed from its original, intended functions. This article describes the political background to its development and analyses the variety of ways in which the court has to take decisions of considerable political sensitivity with increasing frequency. The court is most in the public eye when it carries out its functions in the referendum procedures, but its involvement is more continuous, more creative and more positive than this might suggest. The article concludes that the court has to take action in areas for which it lacks the proper instruments, and that us relationship with other institutions in the policy‐making process is worthy of more attention than such relationships often receive.

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