Liberal democracies are going through a period of growing institutional fragility. The relationship between politics and the judiciary, the pressure on constitutional courts and the question of limits on power are all part of a broader challenge concerning the ability of contemporary democracies to preserve balance, pluralism and shared rules.

At the seventh edition of Leggere il presente, SDA Bocconi Roma’s Book Club, Marta Cartabia, Full Professor of Constitutional Law at Bocconi University, former President of the Italian Constitutional Court, former Minister of Justice and author of Custodi della democrazia. La Costituzione, le corti e i confini del politico (Egea), and Daria De Pretis, Professor Emerita at the University of Trento, discussed constitutions, political majorities and democratic safeguards in a period marked by strong pressure on institutional balances. The discussion was moderated by journalist Stefano Feltri.

The conversation recalled the origins of constitutional courts in the democracies that emerged after the Second World War. Following the experience of European totalitarian regimes, constitutions came to be regarded not merely as declarations of principles, but as instruments capable of placing concrete limits on the exercise of power. Without bodies able to ensure their enforcement, those principles risk remaining little more than declarations.

Constitutional courts are entrusted with ensuring that electoral support and the strength of a majority do not turn into a restriction of rights, an alteration of democratic arrangements or an erosion of constitutional rules. This is a particularly delicate function in contemporary democracies, where polarization increasingly turns the public sphere into a permanent arena of political confrontation.

The discussion also addressed the relationship between governability and the quality of democracy. Reducing democratic functioning to efficiency alone risks weakening the role of Parliament, the balance among powers and the mechanisms that characterize democratic systems.

The method through which constitutional reforms are designed emerged as one of the most sensitive issues discussed during the event. Changes affecting the relationship between Parliament, government and judiciary require dialogue and the ability to build consensus, especially when they involve the institutions that safeguard democratic functioning.

The difficulty of political decision-making on particularly divisive issues also remained an open question, even when indications coming from the Court go for long periods without legislative implementation. This highlights how exposed institutions of guarantee have become within polarized societies marked by public conflict.

The evening concluded with a reflection on the value of collegiality in public decision-making. On the most controversial issues, dialogue among different positions becomes a necessary condition for defining solutions that are more solid and sustainable over time.

Leggere il presente is an ongoing series that uses books as a starting point for discussions on the transformations shaping contemporary Italy. To find out about upcoming events, visit the SDA Bocconi Roma events calendar.

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