The Constitutional Democracy and the Role of the Constitutional Court. About the Debate Between Nicola Matteucci and Norberto Bobbio Around the Relationship Between Constitutionalism and Legal Positivism
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Abstract
The contribution approaches, from the perspective of the science of constitutional law, the reflection of the two great scholars. It underlines that not only legal positivism but also constitutionalism itself, if it seeks at any cost a “closure organµ of the system (even the Constitutional Court itself), risks of betraying its own promises of freedom and democracy.
Keywords
- Positivism
- Constitutionalism
- Democracy
- Division of powers
- Constitutional court
