Acceso usuarios
Sergio Bartole
The text deals with the distinctive features of a research study carried out on the Italian living Constitution, whose basic idea is that, if we want to have a clear vision of the Constitution that is implemented in the Italian legal order, we should take into consideration, not only the written text of the Constitution, but also the interpretation of its provisions, by looking at the formal acts, the jurisprudence of judges and the behaviour of the constitutional bodies of the State which adopt that interpretation. The text also tries to answer the question concerning identification of the bodies of the State engaged in the construction of the living Constitution. Therefore it explores -alongside the activity of the political bodies (Parliament and Cabinet)- the role of the neutral and impartial authorities which are entrusted with the task of guaranteeing compliance with the Constitution (e. g. President of the Republic and Constitutional Court) within the legal system. It uses a definition of the concept of deliberative democracy which is different from the one mostly adopted in literature, nevertheless follows its suggestions looking beyond the constitutional level of the political bodies. After presenting examples of Italian constitutional practice, the text ends with a few remarks about the operational functions of the concept of the living constitution and its distinction from the formal and informal sources of law.
