The "motivation" of the law and the limits of interference of the Constitutional Court in the discretion of the legislature

  • Daniela Mone
Keywords: legislative discretion, judicial review of legislation, motivation to state reasons

Abstract

The article argues that the Constitutional Court might scrutinize legislation without being accused to infringe upon legislative discretion, if legislative acts might include a motivation to state reasons such as the one provided by administrative acts. Against this backdrop, the constitutional judges might scrutinize the legislative act on an "internal" basis, such as the one characterizing abuse of power in administrative law.

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Published
2020-05-04
How to Cite
MoneD. (2020). The "motivation" of the law and the limits of interference of the Constitutional Court in the discretion of the legislature. Diritto Pubblico Europeo. Rassegna On-Line, 13(1). https://doi.org/10.6092/2421-0528/6815
Section
E. Furno (a cura di), La giustizia costituzionale in Italia e in Spagna