Limits of the Principle of Popular Sovereignty in the Italian Legal System

Abstract

The issue analysed in the commentary concerns the limits of the principle of popular sovereignty in the Italian legal order. The Author examines the issue against the background of the Italian Constitutional Court judgement of 15 February 2022 (ref. No. 50), in which it ruled on the inadmissibility of the abrogative referendum on euthanasia, aimed at the partial repeal of sanctions imposed on those who assist in the suicide of terminally ill patients. The judgement was delivered respecting the opinions of the representatives of Italian legal doctrine, who point out that the principle of the sovereignty of the people has its limits, clearly defined by the Italian Constitution. Indeed, the nation exercises its power primarily through democratically elected representatives to parliament, and, at the same time, even when it exercises it directly, its power is limited by the principle of supremacy of the Constitution. The people can only exercise a corrective function, not being able to substitute the legislator in enacting those laws which are considered “constitutionally required”. The Constitutional Court, on the other hand, reserves to itself the right to guarantee the above-mentioned rule.