Legalità e illegalità nella Costituzione

Legalità e illegalità nella Costituzione

This essay is an attempt to stress the gap between the Constitution as a (written) document and the “living” Constitution and to point out the «constitutional legality »’s idea as the capacity for providing how the Constitution works, in the sense suggested by the English and American political cult...

Descripció completa

Guardat en:
Dades bibliogràfiques
Publicat a:URI:https://journals.openedition.org/qds,
Autor principal: Rebuffa, Giorgio
Format: Article ou chapitre numérique
Idioma:Italien
Publicat: Quaderni di Sociologia 2024
Accés en línia:Accès Université d'Orléans et IFPM
Accès Université d'Orléans et IFPM
id openedition-oai:revues.org:qds_5921
record_format openedition
spelling openedition-oai:revues.org:qds_5921 https://doi.org/10.4000/qds.5921 urn:doi:10.4000/qds.5921 it https://journals.openedition.org/qds/5921 2024-04-02T02:00:00Z info:eu-repo/semantics/openAccess article info:eu-repo/semantics/article urn:handle:20.500.13089/w5ak https://creativecommons.org/licenses/by-nc-nd/4.0/ Legalità e illegalità nella Costituzione Quaderni di Sociologia Rosenberg & Sellier info:eu-repo/semantics/reference/issn/2421-5848 info:eu-repo/semantics/reference/issn/0033-4952 URI:https://journals.openedition.org/qds Rebuffa, Giorgio This essay is an attempt to stress the gap between the Constitution as a (written) document and the “living” Constitution and to point out the «constitutional legality »’s idea as the capacity for providing how the Constitution works, in the sense suggested by the English and American political culture. In short, the «constitutional legality» consists of two elements: the consent about some principles and a decision-making process, both presettled. If so, defining the «constitutional illegality» is not as easy as it could seem: we can think of this concept as “lack of rules”. In the author’s opinion constitutional law is the legal field where the games theory can be applied more successfully. It makes we think of the «constitutional illegality». Into the Italian legal system rules work on the basis of their hierarchy, which defines several powers’ authority. We can see the most serious pathology of our constitutional system when the rules’ production does not depend on this hierarchical principle: this pathology has been highlighted by several sociologists of law and political scientists who have stressed that general rules did not come from the legislature, but from the executive or the judicial power. If we read the Constitution as a political document we will find some basic political values (the “distributive justice”, “civilliberties” and soon) the political leadership’s legitimization is built on, but among these basic principles we can not find another ones, like the “economic liberty”.Today the judical power seems to balance the constitutional system. Its internal organization has been directy established by judges. After having done it, they are searching for public opinion’s support, but, paradoxically, this judges’ action is another example of «constitutional illegality» because it is difficult to provide for the constitutional game’s rules.
collection OpenEdition Journal
language Italien
format Article ou chapitre numérique
building 0/Bibliothèque numérique/
1/Bibliothèque numérique/OpenEdition Journals/
description This essay is an attempt to stress the gap between the Constitution as a (written) document and the “living” Constitution and to point out the «constitutional legality »’s idea as the capacity for providing how the Constitution works, in the sense suggested by the English and American political culture. In short, the «constitutional legality» consists of two elements: the consent about some principles and a decision-making process, both presettled. If so, defining the «constitutional illegality» is not as easy as it could seem: we can think of this concept as “lack of rules”. In the author’s opinion constitutional law is the legal field where the games theory can be applied more successfully. It makes we think of the «constitutional illegality». Into the Italian legal system rules work on the basis of their hierarchy, which defines several powers’ authority. We can see the most serious pathology of our constitutional system when the rules’ production does not depend on this hierarchical principle: this pathology has been highlighted by several sociologists of law and political scientists who have stressed that general rules did not come from the legislature, but from the executive or the judicial power. If we read the Constitution as a political document we will find some basic political values (the “distributive justice”, “civilliberties” and soon) the political leadership’s legitimization is built on, but among these basic principles we can not find another ones, like the “economic liberty”.Today the judical power seems to balance the constitutional system. Its internal organization has been directy established by judges. After having done it, they are searching for public opinion’s support, but, paradoxically, this judges’ action is another example of «constitutional illegality» because it is difficult to provide for the constitutional game’s rules.
author Rebuffa, Giorgio
spellingShingle Rebuffa, Giorgio
Legalità e illegalità nella Costituzione
author_facet Rebuffa, Giorgio
author_sort Rebuffa, Giorgio
title Legalità e illegalità nella Costituzione
title_short Legalità e illegalità nella Costituzione
title_full Legalità e illegalità nella Costituzione
title_fullStr Legalità e illegalità nella Costituzione
title_full_unstemmed Legalità e illegalità nella Costituzione
title_sort legalità e illegalità nella costituzione
publisher Quaderni di Sociologia
publishDate 2024
container_title URI:https://journals.openedition.org/qds
url https://ezproxy.univ-orleans.fr/login?url=https://doi.org/10.4000/qds.5921
https://ezproxy.univ-orleans.fr/login?url=https://journals.openedition.org/qds/5921
_version_ 1877292468546830336

Ítems similars