Case Law and the Evolution of Italian Constitutionalism. Selected Aspects

Case Law and the Evolution of Italian Constitutionalism. Selected Aspects. The increasing impact of fundamental rights on relations between private parties under private law. Some examples of “Drittwirkung” under Italian constitutional law. The constitutional principle of a balanced budget and the role of the Constitutional Court. At a time when spending cuts have also impinged upon inviolable rights, including specifically social rights, the Constitutional Court must of necessity increasingly question how the balance is to be struck between budgetary requirements and the guarantee of rights. The relationship between the Constitutional Court and the ordinary courts. An example of divergence between the Constitutional Court and the ordinary courts in Italy is the so-called “war of the courts” concerning the interpretation of the law