SERGIO BARTOLE

Sul diritto costituzionale e la scienza politica.

Confronti, ipotesi e prospettive   

N. 1/1986

Summary - The essay moves from the ascertainment of the difficulties encountered in establishing a collaboration between scholars of constitutional law and scholars of political science. It dwells then on tracing out a rapid outline of the knowledge gained on the matter from the experiences of other countries, emphasizing finally the general revival of attention to the connections between law rules and the practical behaviour of political operators. This revival of attention is given evidence by the frequent recourse to amphibological concepts as those of material constitution, conventions of the constitution and political direction which however are used by jurists without a sufficient awareness of the methodological implications subtended to them. In particular, not always we realize that the utilization of those concepts entails the overcoming of the traditional juridical method in favour of more articulated and composite approaches, which must make it possible to grasp all the prescriptive implications of law rules and to compare these acquisitions with the effectual reality of the political systems and of the constitutional institutions. This seems to imply the necessity of a methodical project of "joint venture" involving jurists and scholars of social sciences whose object ought to be a check over the ways of giving effect to the Constitution that should not be prejudicial to its normative function.