Interpretazione della legge e attuazione costituzionale

Fifty years after the “alternative use of law” conference, this essay discusses how constitutional implementation should be understood and realized. In particular, it examines the possibility of entrusting constitutional implementation to judges through interpretations designed to realize constitutional values, independent of the mediation of an ordinary law. It is argued that judges should be granted this prerogative, as suggested by some constitutional Court precedents that relativize the limits imposed by the letter of the law and imply the direct application of general clauses even in matters governed by mandatory rules.