1953 The essay addresses the issue of the evolutions of decision-making techniques in the decisions of the Constitutional Court, seventy years after the law n. 87 of 1953. Focusing mainly on the constitutional legitimacy judgment, the work starts from a schematic and preliminary framework of the main decision-making techniques used, to develop the analysis of their performance, based on their concrete “follow-up” by the judiciary and at the legislator. A particular attention is devoted to the issues concerning the discretion of the legislator, as well as to those relating to the retroactivity of the effects of unconstitutionality decisions. Each of these elements is addressed in the light of the indications emerging from Law no. 87, in order to verify its persistence, after the evolutions examined.
Ruotolo, M. (2023). Le tecniche decisorie della Corte costituzionale, a settant'anni dalla legge n. 87 del 1953. DIRITTO E SOCIETÀ(1/2023), 1-64.
Le tecniche decisorie della Corte costituzionale, a settant'anni dalla legge n. 87 del 1953
Ruotolo
2023-01-01
Abstract
1953 The essay addresses the issue of the evolutions of decision-making techniques in the decisions of the Constitutional Court, seventy years after the law n. 87 of 1953. Focusing mainly on the constitutional legitimacy judgment, the work starts from a schematic and preliminary framework of the main decision-making techniques used, to develop the analysis of their performance, based on their concrete “follow-up” by the judiciary and at the legislator. A particular attention is devoted to the issues concerning the discretion of the legislator, as well as to those relating to the retroactivity of the effects of unconstitutionality decisions. Each of these elements is addressed in the light of the indications emerging from Law no. 87, in order to verify its persistence, after the evolutions examined.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
