Beyond the formalism of legislative technique: the reasoning behind normative acts as a mechanism for protecting fundamental rights
Beyond the formalism of legislative technique: the reasoning behind normative acts as a mechanism for protecting fundamental rights

Summary/Abstract: This study aims to move beyond the view of the explanatory memorandum as a mere formal requirement of legislative technique, intended to substantiate the quality of the regulation and, ultimately, to ensure that the rules comply with the principle of legality, a principle without which the rule of law could not exist, and focuses instead on its ultimate purpose, namely the protection of fundamental rights. By transcending formal rigidity, the justification of the legislative act thus becomes a guarantee of the state’s rationality in relation to the citizen. This dimension of rationality is reinforced by the expertise of the Legislative Council, which, through its opinion, validates the substance of the justification and provides the necessary bridge between technical rigor and the effective protection of human rights, often arming the Constitutional Court with solid legal arguments that have led to the recognition of the explanatory memorandum as a condition for ensuring the constitutionality of laws, transforming the explanatory memorandum into the final mechanism through which the quality of regulation becomes a veritable shield for the protection of fundamental rights.

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