Attilio Pisanò

The Emperor has no Clothes! The «new form of collaboration» between legislative power and judicial power in the Cappato Case, after the Constitutional Court’s Sentence n. 242/2019

  • Abstract

Informations and abstract

Keywords: Biolaw, Assisted Suicide, Fundamental Rights, Judicial Power, Rule of Law.

Moving from the Cappato Case, the Paper analyses the Constitutional Court’s Ordinance n. 207/2018 and Sentence n. 242/2019. The meaning of the «new form of collaboration» between judicial power and legislative one, invoked by the Ordinance n. 207, will be explained also taking in consideration the general Italian Biojuridical framework. The proactive role of individuals and lawyers, as well as the role of the courts as collectors of political instances, will be focused. Finally the Paper recalls the concept of «Diarchy» with the aim to describe the necessary institutional collaboration between legislative and judicial power in the issue-area of fundamental rights.

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