Involuzione – o evoluzione? – del rapporto fra Corte costituzionale e legislatore (notazioni ricostruttive)

The progressive extension of the decision-making powers held by the Italian Constitutional Court may lead to a regression, not an evolution, in the relationship between the Court and the Legislator. The traditional self-restraint toward legislative discretion seems to have ceased, except when it looks desirable or convenient to the Court itself. The need for a ‘rationalization’ of the decision-making power (in the form of a self- limiting self-regulation) is largely perceived, especially with regard to the new technique of postponement orders (that should match at least four essential conditions).