The taut relationship between Supreme Court and Constitutional Court and the limits of the (legitimate) disagreements

Abstract

Abstract

As it is known, the Supreme Court has sometimes showed up a deep disagreement with some of the constitutional precedent. In one hand, this paper defends the Judiciary trustworthy criticism with them, assuming the mandatory links that the Law establishes between rulings. On the other hand, it is not reliable other actions that have little to do with the jurisdictional function (asking for Royal assessment, ruling some uncertain regulations), also meaning refusing to accept that legal body, or/and trying to control the jurisdictional activity of the Constitutional Judges. The conclusion is that some sort of strain is unavoidable, calling to the care and prudence of the Constitutional Court rulings, also to the institutional loyalty of the Judiciary.