National and Constitutional Identity as a Legal and Political Instrument

Abstract

This work delves into the issue of the theory of constitutional justice that assumes the shape of a ring of essential conjunction between the theory of the Constitution on one hand and the theory of constitutional interpretation on the other hand. The continuum theory of the constitutional justice-theory of constitutional interpretation denotes the tight interdependence of the segments that compose it and the mutual osmosis of the factors that characterize it, and it necessarily implies a systematic approach to arrange the second element of the trinomial in light of the first one (the theory of the constitutional justice in the optics of the theory of the Constitution) and the third element of the trinomial in the light of the second one (the theory of the constitutional interpretation in light of the theory of constitutional justice). Such an approach has been variously conceived by the different doctrinal positions that have faced the above-mentioned problem and in this work it will be offered an overview of the most important of them, as developed in a comparative perspective. Moreover, this work analyses the role and the functions of constitutional justice organs in contemporary democracies showing as the reasons of their legitimation, can be evaluated in a partial and sectorial perspective (coinciding with the judgment of constitutionality of the laws) or in a systemic perspective, to embrace the functions of the organs themselves in their complexity.