Il giudizio di bilanciamento: una giurisprudenza costituzionale orientata al caso? Notazioni introduttive

The essay offers some brief introductory remarks on the balancing of legal principles, and the test of proportionality, in constitutional adjudication. It submits a working definition of balancing and brings to light its normative and cultural roots in the Italian system. It also recalls some criticism and alternative proposals in Italian scholarship and distinguishes balancing from similar but separate concepts (reasonableness of legal classifications, teleologic construction, selection of adequate legal substitutes for unconstitutional provisions). Conclusively, some practical suggestions are given, including for cases where also the EU Charter of Fundamental Rights and the European Convention on Human Rights are relevant.