This essay focuses on the place within the system of sources of Law No 87 of 1953 on the functioning of the Constitutional Court. The place of Law No. 87 in the system of sources depends both on the approval procedure and the interpretation of the sources, and on the relationship of Law No. 87 with the rules entrusted to the constitutional autonomy of the Court. From 1956 onwards, the rules autonomously laid down by the Court on its own process by means of the “Norme integrative”, but also by its procedural caselaw, has on several occasions had the force of overlapping on the rules of Law No. 87. In this model, the Court's exercise of a normative function with external effectiveness in the form of an interna corporis can be said to be legitimate because it is tolerated by the Parliament.
CORTE COSTITUZIONALE E MECCANICA: IL PROBLEMA DELLA LEGGE 87
Gian Luca Conti
2023-01-01
Abstract
This essay focuses on the place within the system of sources of Law No 87 of 1953 on the functioning of the Constitutional Court. The place of Law No. 87 in the system of sources depends both on the approval procedure and the interpretation of the sources, and on the relationship of Law No. 87 with the rules entrusted to the constitutional autonomy of the Court. From 1956 onwards, the rules autonomously laid down by the Court on its own process by means of the “Norme integrative”, but also by its procedural caselaw, has on several occasions had the force of overlapping on the rules of Law No. 87. In this model, the Court's exercise of a normative function with external effectiveness in the form of an interna corporis can be said to be legitimate because it is tolerated by the Parliament.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
