FABRIZIO GIULIMONDI: "MATERIAL CONSTITUTION, FORMAL CONSTITUTION AND CONSTITUTIONAL REFORMS"

The monograph is divided into two parts: one is relate to the debate about the dichotomy material constitution/ formal constitution: the other, particularly topical, on the texts of Berlusconi and Renzi’s constitutional reform. Indeed, the first part might seem an exercise in mere intellectual gymnastics and culture, expect that it is the deepening of the issue concerning the existence or not of a substantial constitution to lead, inevitably, political and institutional world to repeated attempts to change the Republican Constitutional of 1948.

The research focuses on how the legal constitution is changed and such a change is shaped by the presence of an unwritten constitution that has been formed in the folds of the relationships and relationship dynamics between Parliament, Government, President of the Council, President of the Republic, the judiciary and the Constitutional Court; As the osmosis between the sources of national law and Community ones have contribution to the formation of a material constitution that claims an appropriate form; As the evolutionary interpretation of case law constitutionally, until the limits of creativity, it has given rise to new constitutional rules, even contradictory with those currently in place; As the political option transposition legislative requirements through the use of the legislative drafting rules may have given body to the construction of a living constitution although no external outcrop.
The material constitution as conceived by Mortati in 1940 has assumed in the passage of time interpretations, orientations, tenor evaluations also diametrically opposed to its primitive conception. The economy and national finance and supranational could lead to an actual constitution, albeit unwritten, with equally full legal dignity and able to solicit orders in a supply of new constitutional vestiges, from different and more flexible procedures for the approval of the acts regulatory.
financial reform.
The work effort is supported by particularly updated statistical summaries of governmental and parliamentary origin, while the depth arguments are analyzed in the light of theoretical proposals by the most authoritative and currents of thought wise doctrinaire constitutionalist and “giuspubblicista”.
The script is also interpolated by suggestions arising from other scientific disciplines.

Fabrizio Giulimondi