Filippo Patroni Griffi

The Constitutional Duty to Make oneself understood: Quality of Legislation and Constitutional Review

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Abstract

The author offers some reflections, from a constitutional perspective, on the quality of legislation, highlighting its links with the implementation of political policies, legal certainty and the principle of equality. In particular, the judgement no. 110/2023 of the Italian Constitutional Court provides an opportunity to examine this issue: according to it, a law which, despite all hermeneutic efforts, remains obscure and radically unintelligible, violates Article 3 of the Constitution in that it is unreasonable and thus, according to the author, in contradiction with the legislator’s duty to clearly communicate rules to their addresses.

Keywords

  • quality of legislation
  • democracy
  • legal certainty
  • reasonableness
  • power

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