Revisione giudiziaria dei diritti positivi. Il controllo di costituzionalità equilibrato

Abstract: Judicial Review of Positive Rights. Balanced Review of Constitutionality
This article argues that judicial review operates along a spectrum. The tension between legislative and judicial powers can be managed through a balancing act that addresses both excessive and insufficient judicial intervention. This approach is illustrated by a case study concerning the right to a dignified minimum subsistence. The article supports a nuanced framework for the judiciary’s enforcement of social and socio-economic rights.