LA SENTENZA DOBBS E IL DIRITTO DI ABORTO. L’INTERPRETAZIONE COSTITUZIONALE COME QUESTIONE DI DIVISIONE DI POTERI

Abstract

This paper aims to suggest an alternative reading of the Dobbs US Supreme Court’s judgment, shifting attention rather than on the philosophical-moral problem of abortion to that of the relationship between democracy and the constitution. The aim of the work is therefore to highlight how the decision of the Supreme Court of the United States – re-proposing through the originalist theses the question of the limits of constitutional adjudication in relation to a particularly divisive issue such as the interruption of pregnancy – offers a valuable opportunity to question the balance between jurisdiction and politics regarding the ways in which our constitutional democracies are called to resolve conflicts between divergent values and moral visions.