Contribution to the identification of the concept of "constitutional identity" in the Italian legal system

Abstract

The essay explores the concept of «constitutional identity» in the Italian legal system, in terms of constitutional theory and positive constitutional law, analyzing its evolution through the jurisprudence of the Constitutional Court and making a comparison with the German experience. From the latter, it identifies the contribution of doctrine and the Bundesverfassungsgericht. The study traces the origin of Italian constitutional identity starting from judgment no. 1146/1988, which laid the foundations for identifying supreme principles as the intangible core of the Constitution. The analysis continues by examining the different interpretative lines of the Court: that referring to supreme principles, that aimed at explicitly identifying the concept of constitutional identity, and that which determines the role of constitutional identity in the relationship between national and supranational legal systems through the theory of «controlimiti». The essay concludes by emphasizing the importance of constitutional identity in today’s Verfassungsstreit, not only as a tool for defending constitutional values in relations with the European legal system, but above all as a means to preserve the Constitution's anchorage to the historical process that legitimized it, also ensuring continuity between past, present and future