0000000000340449
AUTHOR
G Pitruzzella
L'interpretazione conforme e i limiti alla discrezionalità del giudice nell'interpretazione della legge
: The essay traces the evolution of constitutional jurisprudence about consistent interpretation of Constitution up to its most recent arrivals, which are still insecure today and burdened with not removed theoretical-reconstructive aporias. An attempt is made to explain the perspective change on the basis that the consistent interpretation of the origins was aimed at innervating the new Constitution in the legal system and at entrenching the constitutional culture in the courts. Subsequently, theoretical, political and factual justifications, combined with both judicial substitution and crisis of politics, have made the judiciary emerge as a “third giant” alongside the legislative and exec…
Disinformation and Hate Speech: A European Constitutional Perspective
What balance should be struck between freedom of expression, as an essential right and value of any democratic society, and other constitutional rights when facing falsehood and extreme speech? How are Europe and legislators around the world reacting to the rise of online disinformation and hate speech, in the wake of mounting evidence of adverse effects on democratic processes? What is the most effective approach to address and tackle harmful practices over the Internet, if any? These are some of the pivotal questions that this book seeks to explore.