This essay explores constitutional justice as a paradigmatic field for the development of comparative legal models, highlighting the tension between the static and dynamic functions of constitutional courts. After tracing the evolution of traditional classifications (diffuse vs. centralized, abstract vs. concrete, political vs. judicial), the paper proposes a new interpretive approach based on gradation rather than dichotomous distinctions. Each system, in fac t, displays a distinctive coexistence of both functions: on the one hand, courts act as guardians of constitutional rigidity; on the other, they serve as agents of constitutional transformation. This dual nature, rooted in the counter majoritarian characte r of constitutional judicial power, reveals how constitutional rigidity does not preclude elements of flexibility. Constitutional justice thus emerges as a dynamic space capable of supporting the evolution of contemporary constitutionalism while upholding its foundational values, such as the separation of powers and the protection of rights.
Statica și dinamica justiției constituționale: Curțile constituționale gardienii rigidității și coeficienții de transformare. Static and Dynamic Dimensions of Constitutional Justice: Constitutional Courts as Guardians of Rigidity and Agents of Transformation.
Laura Fabiano
2025-01-01
Abstract
This essay explores constitutional justice as a paradigmatic field for the development of comparative legal models, highlighting the tension between the static and dynamic functions of constitutional courts. After tracing the evolution of traditional classifications (diffuse vs. centralized, abstract vs. concrete, political vs. judicial), the paper proposes a new interpretive approach based on gradation rather than dichotomous distinctions. Each system, in fac t, displays a distinctive coexistence of both functions: on the one hand, courts act as guardians of constitutional rigidity; on the other, they serve as agents of constitutional transformation. This dual nature, rooted in the counter majoritarian characte r of constitutional judicial power, reveals how constitutional rigidity does not preclude elements of flexibility. Constitutional justice thus emerges as a dynamic space capable of supporting the evolution of contemporary constitutionalism while upholding its foundational values, such as the separation of powers and the protection of rights.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


