Giovanni Bisogni

La 'forma' di un 'conflitto'. Brevi osservazioni sul dibattito italiano intorno all'opinione dissenziente

  • Abstract

Informations and abstract

Keywords: Constitutional Court; Dissenting Opinion; H. L. A. Hart; Obedience and Acceptance; Judicial Role.

We might say that law is able to successfully shape and solve disagreements and conflicts when it is - broadly speaking - followed. But - as H. L. A. Hart noted - this success is precarious if one obeys law "for his part only". This seems to be the case with the Italian Constitutional Court in relation to the dissenting opinion: indeed, many think that its legal prohibition is more and more obeyed rather than accepted from the internal point of view. The article sums up the reasons of this phenomenon, holding that they go beyond a simple "yes or no" to the dissenting opinion and refer to the concept of judicial role.

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