Search results for "balancing precedent ECHR Constitutional Court"

Corte edu e corte costituzionale tra operazioni di bilanciamento e precedente vincolante. Spunti teorico-generali e ricadute penalistiche.

2020

This article is divided into three parts. The subject is the complex connections between the test balancing of the Italian Constitutional Court and that of the CEDU Court. Balancing between interests protected by European Convention and interests protected by national constitutional system. The “ad hoc balancing” is the first type of test balancing, according to the author, applied by CEDU Court to many judicial cases, which argues that the value protected by the European Convention is superior to the value protected by the national State. In the second part of the article, the author shows some judicial cases as examples of his argumentation. In the third part, the author analyzes the case…