La giurisdizione costituzionale nel quadro degli equilibri istituzionali: il rilievo dei profili strutturali.

Judicial review of legislation, because of its quantitative and even more of its qualitative expansion – mostly as a means of safeguarding political transitions to the rule of (constitutional) law which occurred mainly since the second half of the 20th century -, may be regarded as a permanent component of mainstream constitutionaism in the Euro-Atlantic area, with an impact on the very foundations of the traditional systemological approach of comparative law, notwithstanding the lack of a theoretical framework of the new system of checks and balances. Hence the importance of a thorough analysis of its structural features (composition, distribution of power of nomination and appointment, professional background, ideological orientation, fair reflection of cultural pluralism of society, ethical standards), which essentially still reproduce systemic features and main practices rooted in the original USA model.