Marco Cuniberti

Autorità indipendenti e libertà costituzionali

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Abstract

The author enquires whether the institution of the independent authorities may be a means to complete the system of constitutionally guaranteed freedoms, or whether the authorities are a new form of intervention by the public power extraneous to the freedoms envisaged by the writers of the Constitution. By analysing the attribution of powers and how they are exercised in practice, the author highlights some of the most difficult issues in the delicate relationship between the independent authorities and constitutional freedoms. According to the author, it is necessary to bring out, on the one hand, the problematic and dialectical relationship between these new forms of organizing and exercising public power and the system of constitutional guarantees, and on the other, refine instruments with which to attenuate the friction between the independent authorities and a constitutional framework designed for another administration and, probably, for another state.

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