Penal Judiciary and Politics in Italy
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Maria Rosaria Ferrarese
In Italy, there exists a complex relationship between the judiciary and political life. My thesis is that though the Italian judiciary may be viewed as the leading example of the expansion of judicial power in Europe, devoted since the nineteen-sixties to the project of the constitutionalization of Italian legal life and the expansion of a rights-based jurisprudence, in fact more recently the prosecutorial investigations trials, and role of public prosecutors in the society more generally, has not always been consistent with the expansion of those rights, and has sometimes threatened them. I focus here on the ways public prosecutors have expanded the role of the judiciary through an use of the criminal law and on the difficulties induced by the Italian way of expanding the judicial power through the penal law and the dangerous consequences which this form of politicization have wrought. This prosecutorial turn has, unfortunately, further delayed achieving a true culture of rights in Italy.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
- Frontiers Article
- What is Missing? (Female Genital Surgeries - Infibulation, Excision, Clitoridectomy - in Eritrea)
- Economic Analysis and the Design of Constitutional Courts
- Comparative Efficiency of Alternative Dispute Resolution in Common and Civil Law Countries
- The Value of Ownership
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- Advances Article
- The Aesthetics of Law
- Knowing Receipt: Re Montagu's Settlement Trusts Revisited
- The E-Commerce Directive and Formation of Contract in a Comparative Perspective
- Legal Systems in Distress: HIV-contaminated Blood, Path Dependency and Legal Change
- Nordic Countries, a Legal Family? A Diagnosis and a Prognosis
- Topics Article
- The Bright and the Dark Side of the Consumer's Access to Justice in the EU
- Towards Civil Liability for Environmental Damage in Europe: the "White Paper" of the Commission of the European Communities
- Penal Judiciary and Politics in Italy
- The Principle contra proferentem in Standard Form Contracts. In particular, the Spanish Case.
- United States Jurisdiction Over Conflicts Arising Outside of the US. Some Hegemonic Implications
- The Human Right of Access to Legal Information: Using Technology To Advance Transparency and the Rule of Law
