Antonio Ruggeri

The Constitutional Court and Incidental Proceedings: Rules and Regularities

  • Abstract

Informations and abstract

Keywords: Procedural Rules in Constitutional Proceedings; Unusual Practices; Lack of Observance

The essay examines the effects of procedural rules on Constitutional proceedings on the relationship between, on the one side, the Constitutional Court and Judges, and, on the other side, the Constitutional Court and the legislature. The essay notes the excessive rigidity and even the artificiality of the distinction between the prescriptive or purely persuasive nature of the rules at issue. Finally the essay criticizes the lack of respect by the Constitutional Court of usual procedural standards, and its unusual insistence on balancing goals and means.

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