L'abolizione costituzionale della pena di morte e le sue conseguenze ordinamentali

• Autores: Andrea Pugiotto
• Localización: Quaderni costituzionali, ISSN 0392-6664, Nº 3, 2011, págs. 573-603
• Idioma: italiano
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• Resumen

  • Italian Constitutional Law no. 1 of October 2nd 2007 which amends par. 4 of art. 27 of the Constitution in the sense of a full abolition of the death penalty (the death penalty is prohibited) has been largely underestimated in constitutional debate, as it appeared to be an act with a purely symbolic relevance. This is not the case. The abolitionist principle, now constitutionally entrenched, has a series of consequences at both an internal and external (third countries, transnational, international) level in terms of relations between the Italy and other countries. The author underlines the numerous consequences on positive law connected to the 2007 amendment and emphasizes - prospectively - the epistemological meaning, which is capable of ensuring the authentic constitutional dimension of the sentence and its execution.