Giampaolo Parodi

Constitution-oriented interpretation. Compared aspects

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Abstract

The article regards law interpretation according to the constitution by constitutional courts and ordinary judges. The inquiry deals especially with constitution-oriented interpretation as a condition for promoting a constitutional judgement and as a means by which a constitutional judgement can be avoided. The article includes a paragraph dedicated to the constitutional avoidance canon used by the U.S. Supreme Court within the judicial review of legislation. The comparative analysis is used in the second part of the contribution to go in depth into some questions related to the Italian experience of constitutional justice and case law.

Keywords

  • Constitutional Court
  • Judicial Review of Legislation
  • Constitution-Oriented Interpretation
  • Constitutional Avoidance

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