Riflessioni sul rapporto tra potere e responsabilità nella teoria dell’abuso del diritto. Una prospettiva di diritto costituzionale

Abstract

Relying on influential legal thinking, this article puts forward the underpinning of a general princi-ple of prohibition of abuse of constitutional law. If successfully incorporated into current constitutional doctrine, this hypothesis could unlock the ‘remedial’ potential of constitutional law against ‘correct yet improper’ behaviours in constitutional praxis, thus enhancing the connection between power and responsibility. The relationship between abuse of law theory and some areas of constitu-tional law is here discussed as well as the idea that, in constitutional law, abuse of law deals with the abuse that can be committed both by individuals or groups and constitutional powers. Part 1 and part 2 give an overview of theoretical approaches that may be helpful in shaping the notion of ‘abuse of constitutional law’. Part 3 provides an example of constitutional powers ‘abusing’ constitutional law by means of constitutional law itself.