Abstract

SILVIA BRUNO, Anna. Talking About Constitutional Time in a Comparative Perspective. Cuest. Const. [online]. 2010, n.23, pp.175-215. ISSN 1405-9193.

In this article, the author wants to analyze the problematic relationship between the constitutional text and the social context in which it is applied considering the judges as intermediary subjects of the dialogue. The first part is dedicated to the relationship between "time and society" in which the social facts give the opportunity to understand the individual temporality together with that of the society. The second part looks at the relationship "time-Constitution", where the Constitution can modify itself in different ways: sometimes the text remains unaltered but concepts have a new reading; other times, the constitutional text is reviewed according with the formal procedures, leaving the fundamental nucleus unchanged; finally, changing the constitutional content, its substantive aspect, in order to satisfy the interests of a political party or a social group. The last point is dedicated to the relationship between "time and judges", referring to those judicial tools which can be useful to articulate the decision making process.

Keywords : Temporal Dimension; Constitutional Time; Social Context; Constitutional Review; Judicial Minimalism.