Emergencies and the italian constitutional order

Abstract

The contribution proposes a critical analysis of the consequences that can be determined in the constitutional legal system upon the occurrence of emergencies that require the adoption of suitable measures to deal with them. In this perspective, the study takes into consideration terrorist and health emergencies. It evaluates the differences and similarities in these contexts, due to the innumerable consequences that the decisions adopted produce in balancing between individual freedoms and collective interests, on the system of sources, and the form of state and government. The constitutional system holds up if it is concrete and if democracy is mature. Upon the occurrence of these conditions, it is possible to limit the rights in the balance with other rights, respecting what is recognized by the same constitutive system. This can be seen in the legal developments that occurred in some European countries, such as Poland and Hungary, which exploit the pandemic crisis to question the rule of law.