Convenzioni costituzionali, prassi, corti e novazioni legislative. Un percorso di diritto comparato fra Regno Unito e Italia

Constitutional conventions, practice, courts, and statutes: a comparison between the United Kingdom and Italy

Abstract

The article compares the doctrinal formants on constitutional conventions in the United Kingdom and Italy. Constitutional conventions - defined as political rules that integrate the legal system providing for the conduct of political actors and their relationship - operate in both countries, but the legal family to which they belong and the features of constitutions give the conventions a different relevance within the legal system. This has an influence on the scholarly approach, on the role of the judicial authority in case of violation of conventions and on the relationship between conventions and legislation. The essay is divided into five paragraphs: after a short introduction, the British and Italian doctrinal formants are examined (part two and three). The fourth is dedicated to comparative considerations, while the fifth analyzes the relationship between constitutional conventions and the processes of codification.