L’insostenibile leggerezza dell’introduzione del premierato e l’esercizio del potere costituente col soccorso formale della Costituzione
In light of the radical change in the political and cultural context in which the Constitution was adopted, the provision of a special constitutional revision procedure –originally an instrument of self-protection serving the permanence of the Constitution that establishes it– may turn into its wors...
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| Publicado no: | URI:https://journals.openedition.org/tp, |
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| Autor principal: | |
| Formato: | Article ou chapitre numérique |
| Idioma: | Italien |
| Publicado em: |
Teoria politica
2026
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| Assuntos: | |
| Acesso em linha: | Accès Université d'Orléans et IFPM |
| Resumo: | In light of the radical change in the political and cultural context in which the Constitution was adopted, the provision of a special constitutional revision procedure –originally an instrument of self-protection serving the permanence of the Constitution that establishes it– may turn into its worst enemy, that is, into the exercise of constituent power aimed at overthrowing it through its own «formal assistance». In such a scenario, invoking the absolute implicit limits to constitutional revision, that is, to the material constitution (which has by now ceased to exist), would be useless. The use of the constitutional revision procedure could in this case lead to the approval of a revision law that is formally legitimate but materially incompatible with the preservation of the Constitution that regulates its formation: and this is indeed one of the ways in which constituent power may manifest itself. |
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