Living Constitution v. costituzione vivente: A Review Among American Doctrine and Italian Doctrine
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Abstract
The purpose of this essay is to compare the different concepts of living constitution and costituzione vivente, respectively rooted in American and Italian doctrine. After addressing the different declinations of the concept of living constitution in the US tradition, the author addresses the question regarding the possibility of conceiving a creative interpretation – also taking into account the most recent debate – and the Italian discussion around the concept of living constitution and material constitution
Keywords
- living constitution
- costituzione vivente
- originalism
- contitutional interpretation
- material constitution
