"Valori", "principi" e "regole": tra dimensione positiva e metapositiva della Costituzione
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Abstract
"Values ", "principles" and "rules": by addressing the interpretation and application of the constitutional norms, the paper shows the need to keep strictly separate the meaning and scope to be given to each of these concepts. At the same time, the investigation defines the deep links between these terms and their ability to be in a complementary and fruitful relationship. Using principles of the Constitution to solve practical problems, the paper shows the logic that oversees the continuous interlay among these concepts. Finally, the article outlines a series of measures that the jurist must take into account when - to resolve individual cases - he finds himself forced to deal with the unpredictable "conflict" between the various principles flowing from the same (or different) values.
Keywords
- Constitution
- Value
- Principles
- Rules
- Interpretation