Legislative discretion and constitutionality syndicate. Reasoning on the subject in the light of the so-called Cappato case

Abstract

What are the limits of the legitimacy judgment in relation to legislative discretion? And what, then, the extent of the constitutional jurisdiction in relation to the sphere of politics? The article that analyzes the iussue throught the lens of constitutional jurisprudence, and in particular in consideration of the various decision making techniques wich the constit utional judges have used over time to repair legislative omissions full of consequences, focuses specifically on the peculiar modus proceed used by the Court in defining the constitutional legitimacy judgment promoted in the context of the so called proces s Cappato case . The procedure used on the occasion, first characterized by an order of “unconstitutional envisaged”, and then by a rulin wich, due to the persistent legislative inertia, accepts the issue with an additive ruling of principle, infact offers many ideas for useful reflection to rethink the theme in a perspective that, undoubtedly unpublished to date, is at the sa me time non less problematic