Human Rights, Between Supreme Court, Constitutional Court and Supranational Courts: The Italian Experience

Abstract

This essay analyses the role of the Italian Constitutional Court and of the Supreme Court of Cassation in recognizing and protecting human rights. These courts, indeed, have deeply contributed to the implementation and to the promotion of that part of the substantial Constitution that can be identified in the recognition and protection of human rights. In particular this work analyses the role of the constitutional principles about human rights (as human dignity, personalistic and solidarity principles, equality principle) and the emersion of new rights (as privacy, life, personal identity, oblivion, ....) in the constitutional framework.

This essay adopt a multilevel approach because it analyses also, how both at the regional level and at the supranational level, human rights are protected.

Moreover it is considered the process of integration between the Italian Constitutional Order and Supranational Legal Orders, in particular looking at the role and at the case law of Supranational Courts (ECJ and ECHR).