Kelsen, Ferrajoli e la "logica" della giustizia costituzionale

The article compares Ferrajoli’s conception of constitutional review with the Kelsenian Verfassungsgerichtsbarkeit. The comparison is worthy not only as such – by making clear strenghts and shortcomings of both authors –, but also as a way to underscore that, if we all agree that the government is legally limited in its powers by constitutional rights and principles, the protection of them through constitutional review – particularly that performed by constitutional courts – cannot be always regarded as something purely judicial.