Lo sviluppo del controllo accentrato di costituzionalità in America latina e il suo ruolo nelle moderne democrazie: verso la costruzione di uno jus commune del diritto processuale costituzionale?

Abstract

One hundred years after the entry into force of the Austrian Constitution in 1920, this work aims, first of all, to highlight both the novelty of constitutional justice in comparison with previous forms of control of constitutionality, and the transformations that the Austrian «model» has undergone during its circulation in Europe and in Latin America. Subsequently, the different role played by the Constitutional Courts both in the phases following a constitutional rupture or during a democratic transition, and in periods of «mature» democracy is examined in greater depth. In both contexts, an attempt is made to highlight the interpretative techniques used by the Constitutional Courts to harmonize constitutional values with society and to engage in dialogue with Parliament and Judges. Finally, the growing involvement of constitutional Court in resolving issues of political and institutional importance is highlighted.