Stephen Breyer giurista democratico

Betzu, Marco

;Coinu, Giovanni

2022-01-01

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Abstract

Stephen Breyer democratic jurist - On the occasion of Breyer's retirement after twenty-eight years as Associate Justice of the U.S. Supreme Court, this essay profiles him as an atypical jurist whose approach to the Constitution is of extreme interest. Breyer has been able to display an extraordinary capacity in finding solutions far from the polarization that has characterized the last decades of the U.S. politics. As he wrote most recently in Dobbs, in a constitutional system where unelected judges have the power to check elected officials, the most powerful tool at Court's disposal is acting “with judicial modesty and humility”, guided by legal principles and not politics.