Abstract

MATTEI-GENTILI, Piero. Suspicion of Diffuse Control of Constitutionality. Cuest. Const. [online]. 2024, n.50, pp.221-248.  Epub May 20, 2025. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2024.50.18809.

The paper questions the popular belief that judicial review is a necessary tool for human rights’ protection. The investigation begins by exposing the essential postulates by means of which the Rule of Law seeks to guarantee rights. Next, it is argued that constitutional interpretation is almost unavoidable, which is why an examination of the two major theoretical positions regarding legal interpretation and its consequences is made. Given the possibilities that the two stances present, it ends by expressing the reasons why a concentrated control scheme is preferable and possible misunderstandings are dispelled.

Keywords : concentrated constitutional control; judicial review; rule of law; fundamental rights; legal interpretation; legal certainty.

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