From the "state of crisis" to the intrasystem transition: reflections on the (possible) legacy of the Covid-19 emergency in the Italian constitutional context

Abstract

Starting from a brief evolutionary analysis of the concept of modern constitutionalism in its fundamental features, the present essay focuses on the definition of the concept of crisis government assessing its potentially derogatory effects on the principles of separation of powers and guarantee of rights. In this respect, it is to be analyzed the possible legal and systematic consequences of the use of extraordinary regulatory powers in order to deal with Covid-19 emergency in the Italian legal context, considering the possible implications in a prospective of constitutional transition of the parliamentary system of government.