RIFORMARE GLI ORDINAMENTI GIUDIZIARI NEL XXI SECOLO. Ingegneria costituzionale o grammatica costituente?

Reforms of justice systems represent an area of difficult management of a process of institutional and cultural change that unfolds in three phases: from the adoption of the rules that provide the framework for the reforms to their implementation – including the necessary ongoing adjustments – and finally to the transformation of a regulatory and cultural innovation into a new “normality.” To date, comparative literature can say a lot about the factors that come into play at different levels of political systems in determining the direction and effectiveness of reform paths, but less attention is given to how crucial it is not to erode the institutional and trust capital that during the reform appears not only as a necessary resource but also as a decisive element for the actual capacity of justice systems to create space and mechanisms for change. In this work, drawing on comparative literature of both a historical and systemic type, the theme of the method of reforms is addressed with particular attention to the tension between models and transformation processes, even in contexts where the State is fragile.