Antonello Ciervo

The Judge of Laws and the changes of social conscience: a critical analysis of the jurisprudence of the Constitutional Court

  • Abstract

Informations and abstract

Keywords: Constitutional Court; Social Conscience; Family Law; Criminal Law; Legal Anachronism.

The essay analyzes how the Italian Constitutional Court used the argument of the change of social conscience to declare unconstitutional some laws, in particular of criminal law and family law. According to the author, the reference to the social conscience shows that the Italian Constitutional Court had, in these matters, an approach that is both realistic and normative, because the evolution of the social conscience assumes the function in its decisions of an «hybrid topic», halfway between the social and the normative.

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