Suchergebnisse

Traces the judicialization of Italian politics in the contemporary period, focusing on the status & organization of the judiciary, the framework of the judicial system, & the evolution of the political environment in the context of democratic regimes. It is found that the judiciary has been radically altered to make it as independent as possible from various political factions. Part of this alteration has been a reform of the criminal process toward the adversarial system of Anglo-American courts. Though this new criminal process is predicated on the assumption that judges act neutrally, it is shown that there is wide latitude for judicial discretion, & the structural & cultural ties among judges & public prosecutors have provided the judiciary with a remarkable concentration of power. When compared to other cases of judicialization in Latin Europe such as in France, Spain, & Portugal, it is argued that Italy stands out as an extreme case, largely because of the authoritarian legacy of fascism. This fascist past makes judicialization a hindrance to further democratization efforts. 2 Tables, 2 Photographs, 25 References. Adapted from the source document.