Consulta OnLine (periodico online) ISSN 1971-9892
2023/I
gennaio-aprile
PARTE
I
STUDI
FRANCESCO GIULIO CUTTAIA
(06.02.2023)
Abstract
On the basis of what was ruled by the
Constitutional Court in sentence no. 237/2022, the foundation of parliamentary
domestic jurisdiction was further specified, which is the basis not only of the
major regulations of the Chambers, but also of the minor ones, without the
possibility, therefore, that the latter can be the subject of an interlocutory
judgment of constitutional legitimacy in an incidental way.
At the same time, thanks also to the recent rulings of the Supreme Court
of Cassation and the Council of State, inspired by the rulings of the
Constitutional Court no. 120/2014 and 262/2017, the scope of parliamentary domestic
jurisdiction is limited only to issues involving subjects linked to the
administrative bodies of the Chamber and Senate by an employment relationship
or at least of service, with the exclusion of third parties bound by a contract
or similar negotiating instruments.
ANTONIO
RUGGERI
Fine-vita (problemi e prospettive)
(30.01.2023)
Abstract
After noting the urgent need to fill, through a prudent constitutional
revision, the persistent shortcomings highlighted by the Constitutional Charter
both with regard to experiences at the beginning and at the end of life, the
contribution highlights how, already in the light of the indications provided
by the constitutional jurisprudence in Cappato, the idea is confirmed that the subject's self
determination with respect to his or her medically assisted death meets
insurmountable objective limits. It is therefore clarified that suicide still
constitutes a disvalue, also from the point of view of criminal law, and that
one must guard against the risk of transforming a right (here, that of life)
into its opposite (of «non-life»), while there appear the critical observations
of those who appeal to the need to preserve the dignity of the person and the
principle of equality are out of line. The study closes with some notations
relating to the so-called «therapeutic alliance» between doctor and patient,
also in the light of the legislative discipline in the pipeline.
GIORGIO CATALDO
Sulla temporaneità nell’emergenza costituzionale. Primi rilievi
(25.01.2023)
Abstract
The essay focuses on the characteristics of the temporariness component
of the emergency rule. Not to be confused with the concept of «shortness»,
temporariness is important in the scrutiny of proportionality. In this sense,
above all, case law on coronavirus offers several systematic insights on the
issue, helping to distinguish the temporariness of the emergency from that
associated with ordinary contexts, which are more akin to the idea of
«tolerability». In the emergency, temporariness presents itself as an
increasingly stringent criterion of progressive scrutiny in which the norm’s
ability to respond to the evolution of the alarming fact is decisive. Thus, the
component of temporariness arises in its instrumentality to the constitutional
order’s endurance during serious events, avoiding the establishment of a stable
regime that is antithetical to the original one.
CELESTE CHIARIELLO
Voto elettronico e principio di segretezza tra regola ed
eccezioni
(23.01.2023)
Abstract
Against a backdrop of democratic deficits highlighted by low community
participation in political decision-making, information and communication
technologies open up new spaces for participation and democratic
life. However, constitutional problems arise with regards to the possible
introduction of unsupervised electronic voting mechanisms in political
elections. Indeed, despite the fact that the
Constitutional Court immediately recognized the inalienability of the
requirements set forth in Article 48 of the Constitution to safeguard the
exercise of the right to vote, on certain occasions, our legislator has been
forced to derogate from the principle of secrecy of the vote in order to
guarantee participation on equal terms and the exercise of popular sovereignty.
Therefore, in light of past and future experimentation
operations conducted in Italy and abroad, as well as jurisprudential
interpretations, the question arises as to what margin of tolerance would allow
our legislature to use e-voting to foster greater democratic participation.
MARIANGELA ATRIPALDI
Abstract
The prologue to the Constitutional Law course entitled ‘The Struggle for
Equality’ given by Lodovico Mortara at the University
of Pisa for the academic year 1888/89, offers a contribution to Constitutional
reflections, to the general theory of law and political science, and also provides a framework for the evergreen debate on
inequality. This article will identify the reasons that prompted Lodovico Mortara in his Pisan lecture to identify the different
areas of scientific reflection in the legal field, allowing the interpreter to
contrast the ‘apoliticality’ and ‘stability’ of the private law field with the
‘political’ and ‘dynamicity’ of the constitutionalist field.
Lodovico Mortara also argues that
constitutional law encompasses not only the study of fundamental concepts of
public law, but also the examination of Italian political institutions and the
way they function, in comparison with those of other major states in the world.
The further itineraries of this essay will be aimed at determining the
motivations that do not allow the principle of equality in law to realize
equality in fact, also offering a contribution to scholars in the
interpretation of Article 3 of the Italian Constitution of 1947. Equally
relevant will be the analysis aiming to verifying the actual realization of the
principle of equality in certain activities carried out by Lodovico Mortara, as a judge and as a politician.
QUIRINO CAMERLENGO
La sostenibilità costituzionale: profili teorici e
scenari applicativi
(19.01.2023)
Abstract
In this essay the author aims to explore a concept often evoked in legal
papers, but not yet focused, namely “constitutional sustainability”. A
theoretical reconstruction will be proposed starting from some concrete cases.
The thesis is based on the idea of the Constitution as an act that supports a
complex regulatory structure built to implement the fundamental principles.
These fundamental principles nourish the “social vocation” of the Constitution,
to be understood as the ability to contribute significantly to the
transformations of society. The Constitution is not only a limit to power, but
also an incentive and guide to power. So, we will try to demonstrate that an
act or behaviour, even if it is legitimate, can prove to be constitutionally
unsustainable.
Consulta OnLine (periodico online) ISSN 1971-9892