Stato di emergenza e legalità costituzionale alla prova della pandemia

Abstract

The need to outline a satisfactory relationship between emergency and constitutional legality has accompanied the evolution of public law, posing questions that are not fully resolved. The debate on the issue is back in vogue with the pandemic emergency, in relation to the issues related to containment measures. The paper traces the related matter, also in light of the interpretation offered by the judgments that the Constitutional Court has pronounced, in particular in relation to the territorial balance of emergency powers and the system of sources of law.