Abstract

The history of the Italian Constitutional Court (ItCC) reflects a significant gender disparity, with no women justices appointed until 1996, forty years after its establishment. Despite subsequent appointments, women remain a minority on the Court: only eight out of 121 justices have been women, with just two serving as presidents. This underrepresentation presents challenges for research, further compounded by the Court’s secrecy regarding deliberations and the scarcity of historical and political studies on female justices at the ItCC.

To address this gap, we propose an empirical methodology based on interviews with female justices. Given the Court’s collegial nature, relying solely on case law analysis provides only a partial perspective, as individual opinions are not explicitly discernible.

The initial section of this article presents data on the eight women justices of the ItCC, situating their presence within the broader struggle for gender equality in Italy, particularly in the legal and judicial professions. This is followed by an overview of the legal framework governing the ItCC, including appointment procedures and internal decision-making processes.

Subsequent sections examine the Court’s role in the Italian constitutional and political landscape over time, focusing on its impact on gender equality. Particular attention is given to the individual contributions of the eight women justices, starting with the first appointee. Additionally, the leadership of the two female presidents, Marta Cartabia and Silvana Sciarra, is analyzed separately to assess their influence within the Court.

The paper concludes with reflections and insights aimed at guiding further research in this area. By shedding light on the experiences of women justices and the dynamics of gender representation within the ItCC, this study seeks to provide a more nuanced understanding of constitutional justice in Italy and to pave the way for future inquiries into gender equality in legal institutions.

Table of content

1. Introduction and Methodology
2. The Infirmitas Sexus and the Long Walk of Women in the Judiciary – The Context Matters
3. The Basic Features of the ItCC: Composition and the Principle of Collegiality
4. The “Eras” of the ItCC
5. Gender Diversity in the ItCC
6. Fernanda and the Others: The Rise of Female Constitutional Justices
7. The Two Female Presidents
8. Conclusion