Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-jbqgn Total loading time: 0 Render date: 2024-07-05T03:39:33.712Z Has data issue: false hasContentIssue false

16 - “Additive Judgments”

A Way to Make the Invisible Content of the Italian Constitution Visible

from Part III - The View from Europe and North America

Published online by Cambridge University Press:  02 November 2018

Rosalind Dixon
Affiliation:
University of New South Wales, Sydney
Adrienne Stone
Affiliation:
University of Melbourne
Get access

Summary

The Italian Constitutional Court, in its constitutional interpretation, has become one of the main drivers of the 1948 Italian Constitution’s “silent transformation and accommodation”. This has been possible because, since its early years, the Court has developed a rich variety of techniques not explicitly provided in the constitutional text or in the Constitutional Law no. 1 of 1953 (on the functioning of the Constitutional Court). In this context, in its dialogue with Parliament, the Court developed “additive judgments”, namely rulings whereby the Court declares a statute unconstitutional, not because of what it provides for, but rather of what it does not provide. In this way, the Court manages to insert new norms into the legal system that cannot be found in any statutory text, transforming itself –or so it would appear– into a creator of legal rules. This Chapter analyses the functioning of additive judgments within the Italian Constitutional system and the effects they may provide on legislative decisions.
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×