Accesso alla giustizia costituzionale ed eguaglianza elettorale. Legittimazione delle Corti e discrezionalità legislativa

Abstract

The article is based upon the judgement no. 1 of 2015 of the Italian Constitution Court and investigates, in comparative perspective, the relationship between constitutional judges and legislators, focusing both on procedural and substantial issues. On the procedural side, the admissibility of the question regarding the constitutionality of the law no. 270 of 2005 has called into account the issue of the justiciability of electoral cases in other countries. On the substantial side, the interpretation of the principle of equality of outcome endorsed by the Italian Constitutional Court in the judgement no. 1 of 2015 has triggered the interest for the origin and the application of that principle in Germany. Ultimately, the article shows how the comparison with other constitutional experiences permits both to deepen the functions and boundaries of the judicial review on electoral issues and more generally to enrich the debate over the tension between the legitimacy of constitutional judges and the protection of legislative discretion.