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L'interpretazione conforme e i limiti alla discrezionalità del giudice nell'interpretazione della legge

2021

: 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…