ABSTRACT
This chapter aims to reflect upon said Court’s order. Indeed, the Italian constitutional system is grounded on separation of powers. It focuses upon the Italian Constitutional Court and the separation of powers means thinking about law and politics in light of constitutionalism’s evolution. Balancing complex values is a challenge for any legal order. Legal constitutionalism safeguards individual rights by separating powers and by judicially protecting the constitution. Constitutional justice hovers between ‘the political’ and ‘the judicial’. Reviewing legislation means challenging parliamentary assemblies or starting a dialogue with them. In Italy, the judicial adoption of political solutions may be grounded also on a third theoretical premise. The Constitutional Court tried to sow an old field with a new seed. But, if the political and the judicial must be grounded in the superiority of rights, both must be set back in principles protecting individual liberties for decades – as the separation of powers does.
