{"title":"Governmental predominance in Italian law-making: undemocratic or illiberal?","authors":"G. Piccirilli","doi":"10.1080/20508840.2021.1942372","DOIUrl":null,"url":null,"abstract":"ABSTRACT Italy has experienced different kinds of involution of parliamentary democracy and the legislative output over the course of the past couple of decades. Following the ‘Berlusconi-era’ (1994–2011) two major issues have dominated the evolution of Italian politics: technocratic governments (predominantly that of Monti in 2011–2013) and the recent emergence of populist parties (e.g. the Five Star Movement, the League). Despite the apparent opposition of these phenomena, they do share many commonalities with regard to their approaches to the legislative process. They both fostered an acceleration of established in Italian law-making, which also become more apparent in the last decade. The constraints provided for by the 1948 Constitution (including the Head of State and the independent and powerful Constitutional Court) had so far limited impact on these problematic trends.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2021.1942372","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2021.1942372","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 3
Abstract
ABSTRACT Italy has experienced different kinds of involution of parliamentary democracy and the legislative output over the course of the past couple of decades. Following the ‘Berlusconi-era’ (1994–2011) two major issues have dominated the evolution of Italian politics: technocratic governments (predominantly that of Monti in 2011–2013) and the recent emergence of populist parties (e.g. the Five Star Movement, the League). Despite the apparent opposition of these phenomena, they do share many commonalities with regard to their approaches to the legislative process. They both fostered an acceleration of established in Italian law-making, which also become more apparent in the last decade. The constraints provided for by the 1948 Constitution (including the Head of State and the independent and powerful Constitutional Court) had so far limited impact on these problematic trends.
期刊介绍：
The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.
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