Substitute powers of the Government. From Dictatorship to Rights and Back
Journal title DIRITTO COSTITUZIONALE
Author/s Laura Buffoni
Publishing Year 2025 Issue 2025/3
Language Italian Pages 33 P. 11-43 File size 218 KB
DOI 10.3280/DC2025-003002
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The essay moves from the logical structure of Article 120(2) of the Constitution and investigates its meaning in constitutional theory and history. In particular, its form and vocabulary lead back to Article 48 of the Weimar Constitution. But Article 120 reverses its direction and meaning. In Article 48, the preservation and stability of the constitution authorised the suspension of both the order of competences and rights. The substitution of Government in current constitutional law, on the other hand, suspends powers to protect and promote rights. But the case for civil and social rights in Article 120 and in living Constitution is ambiguous and poses a problem for political rights.
Keywords: Substitute powers; Emergency; Political autonomy; Democracy; Constitutional rights.
Laura Buffoni, La sostituzione del Governo. Dalla dittatura ai diritti e ritorno in "DIRITTO COSTITUZIONALE" 3/2025, pp 11-43, DOI: 10.3280/DC2025-003002