This paper aims to reflect on the role currently played, within the Italian legal system, by life senators appointed by the President of the Republic, especially considering the constitutional revision proposal presented by the current Government, which entails the repeal of Article 59, 2nd paragraph, of the Constitution. In particular, starting from the analysis of the work carried out in the Constituent Assembly, it will focus on the relationship between this particular institution and the general cultural principle (enshrined in Articles 9 and 33 of the Constitution), which should serve as an interpretive tool in order to attribute a correct meaning to the problematic “social sphere”, often invoked, throughout the republican history, by Heads of State to include politicians among life senators.
I senatori vitalizi come espressione del diritto costituzionale “soggettivo” ed “istituzionale” della cultura
Menegatto Giacomo
2024
Abstract
This paper aims to reflect on the role currently played, within the Italian legal system, by life senators appointed by the President of the Republic, especially considering the constitutional revision proposal presented by the current Government, which entails the repeal of Article 59, 2nd paragraph, of the Constitution. In particular, starting from the analysis of the work carried out in the Constituent Assembly, it will focus on the relationship between this particular institution and the general cultural principle (enshrined in Articles 9 and 33 of the Constitution), which should serve as an interpretive tool in order to attribute a correct meaning to the problematic “social sphere”, often invoked, throughout the republican history, by Heads of State to include politicians among life senators.Pubblicazioni consigliate
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