In tema di controlimiti, identità costituzionale, dialogo tra le Corti (traendo spunto da un libro recente)

The study moves from a recent survey to the doctrine of “counter-limits”, defined as the “fundamental ponderations” employed by the Italian Constitutional Court, which do not deal necessarily or exclusively – as it is often argued – with principles, but with all constitutional rules (and, therefore, with the “goods fo life” they refer to). The counter limits are then classified as “systemic”, “statistic” and “functional”. The article points out how the dialogue between Courts can be the place and factor for those balancements’ emergence and stabilization. It is then stressed the relationship between national constitutional identity and commons constitutional traditions, suggesting. how constitutive elements of the former can shape the latter and how Echr and other fundamental rights conventions can contribute to the formation of those traditions, through an interpretative integration with the Constitution.