Garantismo

Garantismo is a political and legal doctrine in Italy that emphasizes that state power must operate within a network of constitutional and legal guarantees, particularly in criminal law. The central idea is that individual rights—such as the presumption of innocence, the right to defense, and the right to a fair trial—should constrain state coercion and police and judicial action. The garantist tradition seeks to ensure due process, legal certainty, and proportionality, limiting abuses of power and safeguarding civil liberties against arbitrary or excessive measures.

Historical development: The term emerged in post–fascist Italy, rooted in the constitutional framework of the Italian Republic established in 1948. In practice, it denotes a broad, sometimes contested, approach to criminal justice that favors procedural guarantees and judicial oversight over swift punitive expediency. Notable proponents include jurists and scholars such as Norberto Bobbio and Luigi Ferrajoli; Ferrajoli in particular has articulated a modern version of garantismo that frames due process as a fundamental feature of the rule of law in criminal justice.

Influence and debates: Garantismo informs debates on police powers, detention, trials, and European human rights standards. Critics argue that an excessive emphasis on guarantees can hinder effective crime control, while supporters claim it is essential to prevent miscarriages of justice and protect fundamental rights in liberal democracies.

See also: Rule of law, due process, presumption of innocence, civil liberties.