Roberto Toniatti

Recent evolutions of constitutionalism show, among others, two interactive phenomena: first, a well notable new role plaid by the judiciary, in particular through constitutional adjudication as well as by international and supranational jurisdictions; and, second, a development of «identity» as a key factor increasingly characterising contemporary polities. Hence the dynamics of organising the judiciary in a way that allows a fair representation of societal pluralism, without any reference to representation of cultural communities. The practice of setting up reflective judiciaries is practiced by some territorial and culturally compound polities of the Western legal tradition and, more recently, by some countries in the Balkans – such as Kosovo and North Macedonia but not by Montenegro – as a means of managing cultural identities in divided societies.