Journal title TEORIA POLITICA
Author/s Isabella Alloisio
Publishing Year 2002 Issue 2002/1 Language Italian
Pages 18 P. File size 63 KB
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Moving from Ferrajoli’s thesis of fundamental rights, the essay develops, on both the side of theory of law and that of political philosophy, some aspects of the sphere of the "undecidable": what we are not entitled to decide and especially what we are not entitled not to decide. What is the role of the Constitutional Court with respect to the fundamental rights recognized by the constitution? On the one hand, that is on the negative side of what we are not entitled to decide, the Court guarantees the respect of rights, declaring inconstitutional any law whose content clashes with the constitution. On the other hand, that is on the positive side of what we are not allowed not to decide, its role consists of pushing the lawmaker to grant those rights which are recognized by the constitution.
Isabella Alloisio, Lo status di Gerusalemme in "TEORIA POLITICA" 1/2002, pp , DOI: