Accordi in forma semplificata e stipulazioni di natura politica: una “legge di Gresham” del modello costituzionale di politica estera e di difesa?

Abstract

This paper addresses the issue of the executive agreements as “bad money that drives out good”. In particular, the work briefly traces their history first as a means of overcoming the need for the advice and consent to ratification by the United States Senate, imposing itself worldwide hand in hand with America’s growing importance in international politics; then, the executive agreements are analyzed as an instrument that makes the stipulations more flexible and discreet in the most politically delicate cases, even in spite of the constitutional need to involve Parliaments in the formation of agreements having political nature.

Keywords: Executive agreements; Constitutional guarantees; Foreign and military policy making; Constitutional history.