Judicial review and social progress in the work of Mauro Cappelletti and today

Abstract

In the work of Mauro Cappelletti, judicial review is intimately connected to social progress. In this short article, I will describe Cappelletti's thinking on this dynamic relationship, which he developed in the second part of the twentieth century. I will then move from Cappelletti's appreciative view of judicial review to contemporary European disturbances in the relationship between fundamental rights-based judicial review and the ideal of social progress. Against this background, I will pose a set of questions in response to Marta Cartabia's article in this symposium, "Mauro Cappelletti: One of the 'precious few' of our generation.".