The Law-Making Government

The article examines the legislative activity performed by the executive branch, with regard to Italy. The analysis focuses on two forms of law-making government. The first includes cases in which the Government has adopted substantive laws, such as acts having the force of law, or plays a key role in producing laws. The second refers to cases in which the Government, in its law-making activity, can invade the jurisdiction of other State powers or affect their exercise. The overall framework reveals a truly excessive power on the part of the executive: emergency measures — such as law decrees — are being transformed into ordinary measures, with an ever-decreasing role of the Parliament. This trend was already occurring in past legislatures, but is now significantly evident also due to the pandemic. Parliament must therefore play a more central role, improving its efficiency and procedures. In conclusion, the article suggests possible remedies against the imbalance of the Italian situation, in which Government has become the legislator.