Discrezionalità e discrezione del giudice. Verso uno studio del minimalismo nella giustizia costituzionale

Translated title of the contribution: [Autom. eng. transl.] Discretion and discretion of the judge. Towards a Study of Minimalism in Constitutional Justice

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] Following Roberto Bin's work has always helped me to open my mind: to new ideas and authors (for me); to problems sometimes so enveloping, as to be difficult to grasp, without initial theoretical help; solutions, or even just tools for reasoning, always constructive, even when exposed in an icastic, surprising, provocative way. Among the ideas with which, so, I came into contact, there are a couple typical of a certain US address, carried out in recent years especially by Cass R. Sunstein. These are incompletely theorized agreements and minimalism as a style and appropriate attitude for the constitutional judge. The first concept is a premise of the second. Together, they suggest a conception of the Constitution and the role of the judge in applying it. Role that should be characterized by prudence and modesty («discretion», in the sense in which the word is used here in the title) the greater, the wider the discretion of the judge himself («discretion», in the sense in which the word is used in the title of a volume of ours). As I went back to the sources of these concepts (§ 3), I continued to study them through the pages of Roberto (§ 2). I came to wonder if we can continue towards more structured research on these issues (§ 4).
Translated title of the contribution[Autom. eng. transl.] Discretion and discretion of the judge. Towards a Study of Minimalism in Constitutional Justice
Original languageItalian
Title of host publicationScritti per Roberto Bin
Editorsc Bergonzini, A Cossiri, G Di Cosimo, A Guazzarotti, C Mainardis
Pages524-535
Number of pages12
Publication statusPublished - 2019

Keywords

  • Giustizia costituzionale
  • Minimalismo

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