{"id":31742,"date":"2023-04-03T08:43:55","date_gmt":"2023-04-03T06:43:55","guid":{"rendered":"https:\/\/www.irpa.eu\/?post_type=journal_article&p=31742"},"modified":"2023-04-03T08:43:55","modified_gmt":"2023-04-03T06:43:55","slug":"the-constitutional-court-as-legislator","status":"publish","type":"journal_article","link":"https:\/\/www.irpa.eu\/en\/article\/the-constitutional-court-as-legislator\/","title":{"rendered":"The Constitutional Court as Legislator"},"content":{"rendered":"
The article examines the law-making power of the Italian Constitutional Court and the ways in which it cooperates with other constitutional actors, particularly Parliament, in the exercise of such power. Based on a classification proposed by Gustavo Zagrebelsky, the paper examines the ways in which the Court acts as a mere negative legislator, as a legislator (adopting a construction that goes beyond the statutes or gesetzes\u00fcbersteigende Rechtsfortbildung<\/em>), and as a co-legislator. Ultimately, the paper offers conclusive remarks concerning the degree of the Court\u2019s intervention into quintessentially political matters.<\/p>\n","protected":false},"excerpt":{"rendered":" The article examines the law-making power of the Italian Constitutional Court and the ways in which it cooperates with other constitutional actors, particularly Parliament, in the exercise of such power. Based on a classification proposed by Gustavo Zagrebelsky, the paper examines the ways in which the Court acts as a mere negative legislator, as a<\/p>\n","protected":false},"template":"","acf":[],"yoast_head":"\n