Abstract

In principle, it should be for the Courts, which are not majoritarian institutions, to stand for the rights, even more for the new rights, that are minoritarian by definition. How far can the Courts safely go, when the recognition of such rights raises intense divergencies of opinion, confrontations between different collective identities, that populist movements can support and amplify? When should they leave the decision to the parliaments, which represent the will and the opinions of the citizens?

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