In Italy, the latest attempts at constitutional revi- sion have highlighted, through their failure, the need for a methodological rethinking of reform actions, favoring more gradual and incremental changes to avoid the traumatic impact of com- plex and radical reforms. As a consequence of this change in approach, there is a noticeable lack of innovation in the most recent modifi- cations, affected by the excessive generality of the introduced themes and the redundancy concerning guarantees and protections already included in the Constitution.This analysis offers some reflections on the constitutional revisions carried out during the XVIII legislature and, in particular, on Constitutional Law No. 1/2022, which amended Articles 9 and 41 of the Italian Constitution, explicitly guaranteeing environ- mental protection, specifically the notion of landscape, which has long been recognized interpretatively in jurisprudence and doctrine.
Siclari, M. (2024). Una reflexión sobre la reforma de los artículos 9 y 41 de la Constitución italiana. Estudio bibliográfico. CUADERNOS CONSTITUCIONALES, 5, 115-126.
Una reflexión sobre la reforma de los artículos 9 y 41 de la Constitución italiana. Estudio bibliográfico.
Massimo SiclariWriting – Original Draft Preparation
2024-01-01
Abstract
In Italy, the latest attempts at constitutional revi- sion have highlighted, through their failure, the need for a methodological rethinking of reform actions, favoring more gradual and incremental changes to avoid the traumatic impact of com- plex and radical reforms. As a consequence of this change in approach, there is a noticeable lack of innovation in the most recent modifi- cations, affected by the excessive generality of the introduced themes and the redundancy concerning guarantees and protections already included in the Constitution.This analysis offers some reflections on the constitutional revisions carried out during the XVIII legislature and, in particular, on Constitutional Law No. 1/2022, which amended Articles 9 and 41 of the Italian Constitution, explicitly guaranteeing environ- mental protection, specifically the notion of landscape, which has long been recognized interpretatively in jurisprudence and doctrine.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.