Citation

Ruggeri A. Quaderni di Diritto e Politica Ecclesiastica 2019; 22(3): 633-649.

Copyright

(Copyright © 2019)

DOI

10.1440/95975

PMID

unavailable

Abstract

This study analyses the decision with which the Constitutional Court finally ruled on the Cappato case, namely judgment No. 242 of 2019. In this ruling, the constitutional judges set aside the limit of compliance with legislative discretion, which limit the Court had instead entirely respected in its previous decision No. 207 of 2018. This entails the overcoming of the principle of separation of powers as a consequence of the 'invention' by the Constitutional Court of a new regulation, which cannot be automatically deduced by the Constitution. © 2019 Societa Editrice il Mulino. All rights reserved.

Language: it

Keywords

Assisted suicide; Legislative discretion; “Law-judgment”