18.1.2024, 17 Uhr, VCR-Room (Bauteil G, 1. Stock)
Judicial Review and the problem of competences
The case law of the Italian Constitutional Court shows that the Court understands constitutional justice to be governed not by rules but, many times, by principles that can be balanced with other principles.
The Court seems to oscillate between judicial activism and judicial restraint, without, however, these different approaches being matched by a reliable “normative” justification. In this talk, I will try to document this fact, attempting to identify whether there are any recurring elements at least in the arguments that the Court places as the basis of its reasoning. However, I will limit the analysis to the study of only one topic: artificial reproductive technologies (henceforth ART). Why this topic? This topic is particularly interesting because is connected with ethical, medical, and sociological issues that are highly relevant to our contemporary society and its evolution.