Cesare Mainardis

Reviviscence of abrogated rules and consequential uncostitutionality. One judgement and two points of interest

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Abstract

The essay analyzes Constitutional Court ruling n. 147/2023 and the two profiles addressed in the decision. The first related to the revival of repealed norms, with a reflection on the conditioning that the court’s decision has on ordinary judges. The second related to consequential illegitimacy, analyzing the decision in light of the rules enunciated by the Constitutional Court itself in interpreting art. 27 of Law n. 87/1953

Keywords

  • Law
  • Costitutional Court
  • iudicial review
  • reviviscence of abrogate rules
  • consequential uncostitutionality

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