Pluralité des sources et actuation de la Constitution

In this text – a written version of a lecture given at the Italian National School for the Judiciary in 2019 – Paolo Grossi begins by examining the legal nature of the Constitution and the relationship between the Republic and the State, highlighting the multi-layered nature of the Italian Constitution. Paolo Grossi invites to understand that living the constitutional dimension of the Republic today means respecting its inherent legal pluralism. For this reason, Paolo Grossi advocates moving « from law to interpretation », which is also possible thanks to the epistemological support of the « hermeneutic revolution ». Finally, from this perspective, he asks two fundamental questions : what about the « subordination of the judge to the law » ? What about the so-called separation of powers ?