The "crisis of law" in the evolution of the relationship between "political law" and "cultural law"

The creative activity of law of the Constitutional Court and of the common judges

Abstract

Text in Italian.

This article examines the "crisis of the law" in the context of the evolution of political and cultural law in Italy, focusing on the impact of constitutional review carried out by the Constitutional Court and ordinary judges. It analyzes how this process has led to a reinterpretation of the law, eroding the traditional positivist approach and moving closer to the common law system. The study highlights changes in legislative functions and the tensions between legislative discretion and judicial creativity, including manipulative and additive rulings that alter the content of laws.