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NUMERO 8 - 19/04/2017

stato » dottrina - di Caterina Drigo

 Interpretation and Use of Principles in Constitutional Reasoning

This essay introduces the epistemological difficulties stemming from the use of principles as interpretive parameters in Constitutional Courts’ decisions. In recent years in Europe there has been a situation of economic crisis that can be defined “systemic” and not merely “cyclical”, in which social rights’ protection, more than other rights’ protection, seems to be in danger; and in which the traditional interpretative tools used by the constitutional judges are undermined by the new challenges posed by the evolution of the society. Consequently, in Europe, some Constitutional Courts have tried to propose solutions that concretely balance the economic and financial needs of the States (often negatively affected by the parameters set at the European level) with the protection of the "core" of social rights. In this context, some constitutional judges, including the Italian, Spanish and Portuguese ones, have structured their own decisions following as fil rouge a reasoning based on “fundamental principles”, more or less sharp according to the cases... (segue)



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