Maurizio Pedrazza Gorlero, Luigi Franco

The Conceptual Drift of Family and Marriage: Constitutional Notes

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The essay tackles the following themes: the constitutional concept of family and the family and marriage between concept and safeguarding; the change in the family with the passage from nature to cohabitation and the predominance of the 'artificial model.' The second part of the work focuses on the uneven jurisprudential path with particular attention to the theme of difference of gender and the multiplication of families, with the consequent request for juridification. The investigation dwells in particular on homosexual marriage, concerning which events in Italy are illustrated in relation to those of other EU countries, as well as the recent sentence of the Constitutional Court (No. 138 of 2010), including in relation to the provisions contained in the European Charter of Human Rights and European regulations.

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