"Maso Chiuso" Farm in the Constitutional Court Case-law: an Example Confirming the Complexity of the Relationship between "Fact" and "Law" through the Constitutional Interpretation

Author/s Angela Cossiri
Publishing Year 2020 Issue 2018/1 Language Italian
Pages 21 P. 109-129 File size 89 KB
DOI 10.3280/AIM2018-001007
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The essay analyzes the Constitutional Court case-law on a traditional regulation of Tyrol Region (so called "Maso chiuso"/"Erbhof"), aimed at preserving the indivisibility of the agricultural units in the mountain territory. In particular, recently the Court declared unconstitutional the preference given by law to males in mortis causa succession proceeding. The rule, already repealed by the reform of the autonomous province adopted in 2001, was applicable in the case. According to the author, case-law confirms the legal favor for a special regulation, corresponding to the needs of the territorial minority, protected by majority interference; it is also an example of the complexity of the relationship between "fact" and "law" in legal interpretation: the social feelings - which in this case would have pre-eminence over positive law, because of the protection of pluralism - corresponds to the principle of gender equality imposed by positive law, both at Constitutional, international and local levels.

Keywords: Pluralism, minorities, gender equality, constitutional court case-law, legal interpretation.

Angela Cossiri, Lo statuto del maso chiuso nella giurisprudenza costituzionale: un esempio della complessità della relazione tra "fatto" e "diritto" nel processo interpretativo della Costituzione in "AGRICOLTURA ISTITUZIONI MERCATI " 1/2018, pp 109-129, DOI: 10.3280/AIM2018-001007