The Duty to Defend the Homeland

Author/s Francesca Polacchini
Publishing Year 2019 Issue 2019/2 Language Italian
Pages 27 P. 57-83 File size 219 KB
DOI 10.3280/DC2019-002004
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The work focuses on the duty to defend the Homeland, framing it within the constitutional jurisprudence and the most recent legislative provisions. In particular, after having framed the duty de quo within the system of constitutional duties, the Author will propose a deepening of the meaning of the individual terms that characterize the duty provided for Article 52, paragraph 1 of the Constitution and will attempt to investigate the relationship that the duty of defence has with the institution of citizenship. The relationship between the duty to defend the Homeland and citizenship has in fact been the object of an evolutionary interpretation by the jurisprudence of the Constitutional Court, which contains the enunciation of principles that contribute to redefine the concept of community at the base of the fulfilment of the constitutional duties.

Keywords: Constitutional duties, duty to defend the Homeland, principle of solidarity, community of rights and duties, citizenship, sacredness.

Francesca Polacchini, Il dovere di difesa della Patria in "DIRITTO COSTITUZIONALE" 2/2019, pp 57-83, DOI: 10.3280/DC2019-002004