The waning of the High Court for Sicily (1946-1957): a case of constitutional spontaneity?
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DOI:
https://doi.org/10.63277/gsc.v50i.4682Keywords:
High Court for Sicily, constitutional spontaneity, judicial review, Constituent Assembly of Italy, legal realism/normativism, legal relevance of factAbstract
The article purports to examine the process of fading out of the High Court for Sicily (Alta Corte per la Regione siciliana), taking into account the significant legacy of the unique institutional history of the island and retracing the lively legal debate (both at a political and scholarly level) that took place, during the Italian republican constituent phase, around the possible fate of the High Court vis-à-vis the new constitutional system. The main assumptions revolve around a working hypothesis centered around the appreciation of the continuing importance of “factualness” as an ineradicable dimension of law, even in a rigid, normativistic legal framework and in the context of advanced modern constitutionalism.
