Interpretazione costituzionalmente orientata e diritto vivente

The “inflexibility” of Italian Constitutional Charter, entered into force in 1948, opens a window onto the issue of interpretation according to Constitution; indeed there are considerable changes into the hierarchical organization of laws, the “general law theory” and the way of interpretation. However, different constitutional justice systems in the world shape locus and owners of constitutional interpretation. This relevant kind of legal interpretation must grant law meanings in compliance with constitutional guidelines. In the 1950s, an Italian legal expert, Tullio Ascarelli, dealt with a new question: the “living law”. Later it was analyzed by other eminent jurists and began to mean a settled case-law, which lives through judicial verdicts.
Nevertheless, even “living law” (also understood as Supreme Court settled case-law), has a subsidiary role compared to an interpretation or a solution in line with Constitution.