Verso una compiuta elaborazione del “test di proporzionalità”? La Corte Costituzionale italiana al passo con le altre esperienze di giustizia costituzionale

Towards a full elaboration of the “proportionality test”? The Italian Constitutional Court keeps pace with other systems of judicial review

Abstract

The proportionality doctrine in the Italian constitutional jurisprudence is the paper’s object. The paper firstly analyses the proportionality framework adopted by the German Constitutional Court and, subsequently, by the Canadian Supreme Court; and seeks to point out the differences, between the two systems, in the functioning of the proportionality test. Then, it focuses on the traditional “unstructured approach” to proportionality adopted by the Italian Constitutional Court and tries to show that, in recent years, also the ICC has timidly construed some kind of proportionality framework, articulated in four different subtests.