Paolo Passaglia

The Constitutional Review of Legislation and the Opposition between Ordinary and Special Judicial Protection of the Constitution

  • Abstract

Informations and abstract

Keywords: Constitutional Adjudication; Review of Legislation; Judicial Protection of the Constitution; Ordinary Protection; Special Protection.

The paper proposes a classification based on how constitutions recognize the power to review legislation. In this regard, two categories of systems can be identified: in systems based on ordinary judicial protection, the main feature is the "silence" of the constitution, which does not provide for any form of regulation; in systems where a special form of judicial protection is established, the constitution regulates constitutional adjudication. The first category is based solely on the supremacy of the constitution, whereas the second tends to balance the supremacy of the constitution with special protection for the legislator

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