The contribution argues that constitutional interpretation has been crucial in determining the substantive characteristics of the 'Economic Constitution', which have changed over seventy years of Republican experience, without the need of any constitutional amendment. Namely, the evolution in favour of the market economy may be deemed a result of the international treaties, such as the North Atlantic Treaty and the Treaties establishing the European Communities, with their subsequent amendments. Instead, the same phenomenon did not occur with regard to the procedural characteristics of the ‘Economic Constitution’, for whose change it was necessary to approve an “ad hoc” constitutional amendment, No 1 of 2012, in order to ensure consistency – first of all for procedural profiles – of the Italian financial Constitution with that of the European Union. At the core of the contribution is the fundamental principle set out in Article 11 Const.: where it indicates the repudiation of war, where it allows the limitations of sovereignty necessary for the formation of an order that ensures peace and justice, and, finally, where it commits the Republic to promoting and favouring the international organizations aimed at this purpose. Three aspects of the same principle, the 'internationalist' principle, which has enabled the Italian accession to the process of European integration and which is claimed to represent a supreme principle of the constitutional order, which cannot be reversible even by means of a law of constitutional amendment.
|Titolo:||L’influenza dell’Alleanza atlantica nell’interpretazione della Costituzione economica: ovvero, sulla centralità dei principi dell’art. 11 Cost.|
Lupo, Nicola (Corresponding)
|Data di pubblicazione:||2020|
|Appare nelle tipologie:||01.1 - Articolo su rivista (Article)|