Do constitutional changes take place only through legislative amendment of the Constitution or judicial overruling? Or Constitutions change even in contact with facts? Is there a normative power of the factual, or the legal system is exclusively made by formal acts? The paper tries to provide an answer to these questions, and proposes the concept of ‘constitutional change’ (Verfassungswandel) elaborated by German scholars by the end of XIX Century as a tool to focus on otherwise invisible alterations of the constitutional document
Mangia, A., Mutamento costituzionale e dogmatica giuridica, <<LO STATO>>, 2022; 2022 (2): 61-82 [https://hdl.handle.net/10807/235733]
Mutamento costituzionale e dogmatica giuridica
Mangia, Alessandro
2022
Abstract
Do constitutional changes take place only through legislative amendment of the Constitution or judicial overruling? Or Constitutions change even in contact with facts? Is there a normative power of the factual, or the legal system is exclusively made by formal acts? The paper tries to provide an answer to these questions, and proposes the concept of ‘constitutional change’ (Verfassungswandel) elaborated by German scholars by the end of XIX Century as a tool to focus on otherwise invisible alterations of the constitutional documentI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.