The conventional nature of Italian Constitution, adopted in 1947, contribuited to emprove the openness of its provisions so that its constitutional principles can be interpreted with different hermeneutical instruments. An open constitution can be rigid relating to its modifiability: infact it’s idoneus to last in times, more than a univocal one. This type of act gives to the Parliament more discretion and in this way it’s more compatible with several political policies. According to this, it’s not necessary to modify the Constitution when the Parliament majority changes. In other words, an open constitution can be easily interpreted with an evolving method so that in this activity it will be possible considering the various social, economic, scientific, technological, cultural and political circumstances. These characteristics, conventionality, rigidity and flexibility are the reasons for which actually the Italian republican Constitution is in full force, without it has lost its actuality and vitality, thanks to the unremitting work of constitutional jurisprudence, that contribuited to encrease the makingprocess of transnational integration, also considering the importance of hight European Courts in the adaptation of evolving Constitution.
Costituzione e tempo
PASTORE, Fulvio
2015-01-01
Abstract
The conventional nature of Italian Constitution, adopted in 1947, contribuited to emprove the openness of its provisions so that its constitutional principles can be interpreted with different hermeneutical instruments. An open constitution can be rigid relating to its modifiability: infact it’s idoneus to last in times, more than a univocal one. This type of act gives to the Parliament more discretion and in this way it’s more compatible with several political policies. According to this, it’s not necessary to modify the Constitution when the Parliament majority changes. In other words, an open constitution can be easily interpreted with an evolving method so that in this activity it will be possible considering the various social, economic, scientific, technological, cultural and political circumstances. These characteristics, conventionality, rigidity and flexibility are the reasons for which actually the Italian republican Constitution is in full force, without it has lost its actuality and vitality, thanks to the unremitting work of constitutional jurisprudence, that contribuited to encrease the makingprocess of transnational integration, also considering the importance of hight European Courts in the adaptation of evolving Constitution.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
