Abstract

At the operational level, there is a dangerous tendency to coin forms of legal interpretation that limit the recognition of specific rights. Here the judiciary-law relationship is connoted by undue expansionism of the jurisprudence that leads to authoritarian turning points probably generated by special-preventive ideologies not always in line with legal command. And when this happens with reference to rights recognised at European level, also affirmed by the Charter of Values, exegetic freedoms generate insubordination and violation of the obligation of “maximizing” legal protections, leading to an unacceptable single case judgment in violation of the constitutional duty to ensure procedural equality

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