Carla Faralli

The "Invention" of the Constitution Seventy Years since Its Birth: About Paolo Grossi, L'invenzione del diritto

  • Abstract

Informations and abstract

Keywords: Italy; Constitution; Constitutional Court; Principles; New Rights.

The Italian Constitutional Court has carried out a task that Paolo Grossi describes as inventive, in the sense of the original Latin "invenire", meaning to "find," "search for," or "give express form to." On the one hand, the Court has constructed the Italian Constitution as containing new principles and rights that had not previously been expressly provided for but were nonetheless woven into the constitutional fabric, and on the other hand it has found the way for the legislator to create new norms by which to better respond to the changing historical reality or has brought conflicting norms into line with constitutional principles.

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