Judicial Power and Rule of Law. A normative perspective

Abstract

Taking into account the idea of the government under the law, the author synthesizes thenormative consequences of the rule of law in judiciary power effectiveness. According to the supremacy of the law powers admit legal constraints when separation and checks and balances are realized. The effectiveness of constitutional jurisdiction through a priori and a posteriori control in concentrated and diffuse systems is beyond doubt; however, even if “Justices” decisions apparently can evade any normative control, balance of powers will demand the existence of some kind of constitutional counter-power to limit them.