Antonio Ruggeri

The regulation on assisted suicide is now a ‘law’ (or, to say it better, a ‘law-judgment’) produced by the free invention by the Constitutional Court: comment of judgment No. 242 of 2019

  • Abstract

Informations and abstract

Keywords: Assisted suicide; Legislative discretion; “Law-judgmentµ.

This study analyses the decision with which the Constitutional Court finally ruled on the Cappato case, namely judgment No. 242 of 2019. In this ruling, the constitutional judges set aside the limit of compliance with legislative discretion, which limit the Court had instead entirely respected in its previous decision No. 207 of 2018. This entails the overcoming of the principle of separation of powers as a consequence of the ‘invention’ by the Constitutional Court of a new regulation, which cannot be automatically deduced by the Constitution.

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