| Le clausole d’apertura in materia di diritti fondamentali: un’ipotesi di comparazione |
| Fascicolo 2002-1 |
| Scritto da Campanelli Giuseppe |
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Sommario 1. Premessa. – 2. Le clausole d’apertura e il problema della scelta dei modelli. – 3. Considerazioni sull’efficacia delle clausole d’apertura all’interno di alcune Costituzioni. – 4. Italia e Spagna: le clausole d’apertura nel confronto tra modelli. – 5. Brevi conclusioni.
Abstract This paper is concerned with the problem of opening clauses in the field of fundamental rights. Various legal systems are examined, with particular attention to the Italian and Spanish ones, in order to understand the effective role and function exerted by the clauses. After an investigation into the problem of definition of the principles and the choice of the models necessary to carry out such research, the work is divided into two main points. The first is dedicated to verifying the efficacy of these clauses in some Constitutions, especially those of the European Community. The second point is a comparison between the Italian and Spanish systems, also by studying the constitutional laws about this subject. The aim of the paper is to compare two apparently different models, which show not only different ways of interpreting the opening clauses, but also the attention that should be paid to the limits and function of interpretation with regard to these problems. |