Formula di Radbruch come nuovo paradigma costituzionale? La giurisprudenza costituzionale tedesca tra Stato di diritto e giustizia

The German constitutional Court has been making remarkable use of the Radbruch’s conceptual framework for nearly a period of forty years, until the half Ninties years. In fact, following the reconstruction of its case-law, it will be to point out, in the first place, the constitutional Court has misunderstood the most genuine spirit of the Radbruch’s legal philosophy. With regard to this, on the other side, it will be prove to sustain the idea about the Radbruch’s reflection should aim to represent a new constitutional paradigm, which should be intermediate to the two both classical pattern of the “light” and “heavy” constitutionalism. In the second place, by the reconstitutionalitation oh the whole legal system made by the German constitutional case-law, it will be to prove to take into consideration the hypothesis of the rebalancing inside the system of normative sources, which should give substance to idea of a greater dependence of constitutional Court by the political authorities.