Some Patterns for “Scientific Adjudication”: The Role of Courts in Reconciling Axiological Pluralism and Scientific Complexity

The aim of the article is to provide a rationalisation of different approaches that courts, especially those possessing constitutional review functions, commonly develop when facing scientifically complex issues. In the light of this, the impact of scientific complexity will be particularly weighted, particularly focussing on how the latter can influence the axiological assessment made by courts and how it shapes the entire attitude of courts, especially in the light of guaranteeing the margin of appreciation of legislatures. In the light of this, the analysis will start by focusing on the approach taken by the European Court of Human Rights (ECtHR); subsequently it will shift to the national level by analysing cases resulting from three contexts where scientific complexity and axiological pluralism achieve the highest level of relevance and interconnection: assisted reproductive technologies (ARTs), surrogacy and end of life decisions.