Paolo Veronesi

Scientific Knowledge and Constitutional Case Law

  • Abstract

Informations and abstract

Keywords: Constitutional Court, Case Law, Scientific Knowledge

Starting from an analysis of the Italian constitutional jurisprudence, the essay reconstructs different pathways through which the Court has used the science for developing the logic of its decisions. The investigation shows that even where the scientific data are relevant, they are not also the only element used by the Court in view of its responses. From the Court perspective, the "legal framework" in which the scientific data in various cases is associated, is always significant (if not decisive). This legal framework is given, for example, by the allotment of competences relevant in each case, by the discretion accorded to technical bodies and experts, by the principle of reasonableness, by the respect to the discretion of the legislator in law-making, etc... The examination of the civil and criminal jurisprudence - illustrated in the last paragraphs of the work - seems to lead to similar results.

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