Giudizio di costituzionalità e interpretazione: una prospettiva comparata

Constitutional review and interpretation: a comparative perspective

Abstract

Constitutional review and interpretation: a comparative perspective – The Article discusses the relationship between comparative law and constitutional interpretation by investigating what the debate on constitutional interpretation is able to tell about the role of the constitution in different legal systems. The argument put forth is that a peculiar method of constitutional interpretation has developed in continental Europe in accordance with the features of the legal tradition of civil law countries. This method diverges from textualist approaches that have instead spread in the US legal system for historical and theoretical reasons that will be illustrated in the text.

Keywords: Constitutional interpretation; Comparative law; Fundamental rights; Living constitution; Originalism.