Between Repression and Prevention: In Search of a Constitutional Framework for Measures of Prevention.
Journal title DIRITTO COSTITUZIONALE
Author/s Marco Pelissero
Publishing Year 2025 Issue 2025/2
Language Italian Pages 24 P. 145-168 File size 198 KB
DOI 10.3280/DC2025-002007
DOI is like a bar code for intellectual property: to have more infomation
click here
Below, you can see the article first page
If you want to buy this article in PDF format, you can do it, following the instructions to buy download credits
FrancoAngeli is member of Publishers International Linking Association, Inc (PILA), a not-for-profit association which run the CrossRef service enabling links to and from online scholarly content.
The essay analyzes the evolution of the reflections on the constitutional legitimacy of the measures of prevention. In the face of the silence of the Constitution, the arguments have developed on two levels: the general one of the justifications of the compatibility of the measures of prevention with the system of the Constitution; the more specific one relative to particular profiles of illegitimacy of specific elements of discipline. The overall balance sees the Constitutional Court assume a position of cautious conservatism in the face of a development of the legislation that strengthens the recourse to the measures of personal and patrimonial prevention.
Keywords: prevention, police, Constitution, jurisdiction, legality, dangerousness.
Marco Pelissero, Tra repressione e prevenzione: alla ricerca di uno statuto costituzionale delle misure di prevenzione in "DIRITTO COSTITUZIONALE" 2/2025, pp 145-168, DOI: 10.3280/DC2025-002007