Antonio Ruggeri

Theories and "uses" of the Constitution

  • Abstract

Informations and abstract

Keywords: Constitution, text, context, pre-text

In order to understand the essence and all the potential interpretations of the Constitution it is necessary to take into consideration three aspects. First of all the "text", second the "context" (both factual and normative) and third the "pre-text" (i.e. the historical and political basis of the Constitution and its value orientation). Regarding in particular the text, the structural approach appears to be very prolific. Structural interpretation looks not only at the linguistic aspects of constitutional texts but also to their resistance (from a substantial point of view). Such resistance has proved to be very fable; in fact, the Constitution has been creatively interpreted many times by the political bodies and by the Constitutional Court. The author thus argues that there is a need for a careful and effective reconstruction of the constitutional text not only with regard to the part concerning the framework of government, but also the bill of rights. On the contrary, an intervention on the latter is particularly necessary to rebalance the relationship between Constitutional law and politics.

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