The Importance of Consistent Interpretation in Subnational Constitutional Contexts: Old Wine in New Bottles?

• Autores: Giuseppe Martinico
• Localización: Perspectives on Federalism, ISSN-e 2036-5438, Vol. 4, Nº. 2, 2012
• Idioma: inglés
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• Resumen

  • In this paper I will focus on the role of national common judges (“giudici comuni”) in systems that are not characterized by a dual court system (one of the elements indentified by Gardner as peculiar to fully fledged federal states) especially looking at the lower courts.

    This paper is structured as follows: first, I am going to recall the debate on the consequences- in terms of legal uncertainty- of the proliferation of fundamental charters in non- federal systems; second, I am going to frame this issue within the categories of some fashionable constitutional theories; third, I will try to explain why national (lower) judges may play a fundamental role in solving many of the normative inconsistencies that this scenario creates.