3 THE ITALIAN LAW JOURNAL NO. 1 (2017) Constitutional Values and Judge-Made Law by Gino Scaccia The Author contends that value-oriented constitutionalism marks a shifting of law making function from political bodies to the Courts. In fact judges act as legislators for the concrete case: they have to dispense justice according to law, but law is made up of constitutional values which can be implemented in multiple and, at times, opposite ways. Therefore, if we deeply involve judges in the making-law process, the risk of depriving the judiciary of its constitutional foundation is realised. The Author underlines the need to re-think the organization and the theoretical model of judicial power, according to its new function.
