Omar Chessa

The Transformation of the President's Role as Guarantor of the Constitution. Case n. 1 of 2013 of the Italian Constitutional Court

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Abstract

The essay is aimed at showing the real effects generated by the doctrine which assigns a function of constitutional control to the Italian President of the Republic. In particular, the definition of the President as a constitutional guarantor has increased his political powers and has given the presidency a central role in the constitutional process through which national policies are elaborated. Furthermore, the essay examines the doctrine that defines the Italian President as a pouvoir neutre, as elaborated by the Constitutional Court in the sentence n. 1/2013, and criticizes the interpretive theory supporting it.

Keywords

  • President of the Republic
  • doctrine of the pouvoir neutre
  • function of constitutional control

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