Fabio Ferrari

Provision or Norm? Fictio Litis and Incidental Judicial Review

  • Abstract

Informations and abstract

Keywords: Relevance; Prejudicial Question; Electoral Law; National Civil Service.

The essay analyzes some recent decisions of the Italian Constitutional Court that seem to compromise the notions of incidental judgment and prejudicial question; in this case law it is possible to detect a shift of the judgment from the norm to the actual provision, to the detriment of the concreteness of the question of constitutional legitimacy and more generally to the rules of constitutional review, with possible negative consequences also on the legitimacy of the Court.

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