Constitutional modification: a conceptual analysis

Author/s Roberto Bin
Publishing Year 2020 Issue 2020/1 Language Italian
Pages 23 P. 23-45 File size 207 KB
DOI 10.3280/DC2020-001003
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The theme of tacit modifications of the constitution is made obscure by the overlap between changes that occurred in the interpretation of the text and violations of the text itself. This generates a confusion that is very frequent about the so-called form of government, which in the Constitution is marked with few but essential words. It is more complicated to assess whether there have been changes in the economic constitution, which is a very complex issue involving many parts of the constitution. Clarifying that for the most part the interpretations and applications of the Constitution have changed, in the context of options left free by the text, the essay concludes by stressing how the system is equipped with mechanisms for reacting and restoring constitutional legality.

Keywords: Constitutional change, text and interpretation; form of government, economic constitution.

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Roberto Bin, Mutamenti costituzionali: un’analisi concettuale in "DIRITTO COSTITUZIONALE" 1/2020, pp 23-45, DOI: 10.3280/DC2020-001003