The inescapability of the empirical knowledge in which legislative choice is embedded has meant that technique has also been accorded a space to intervene in the legislative process. However, the respect for the balance od powers outlined by the constitutional system requires that Parliament be left with an inescapable margin of discretion aimed at ensuring that the balancing of opposing rights or interests is carried out by the very subjects chosen directly by the people, in deference to the principle of popular soverignity. this inescapagne guarantee hinders a full incorporation of the indications provided by the Committees of Sectoral Technicians since these must always fit into contexts of balancing opposing yet equally protected needs. As evidence of the peculiarity of this legislative process there is also an equally peculiar review of legitimacy that the Constitutional Court operates on laws defined as science based. However, the recent pandemic experience has shown us how, technical-scientific indications, can find full transposition in acts of the Public Administration, which enjoys a pacifically recognized technical discretion; it is still necessary for such a decision to find an express delegation in a regulatory act of primary rank always to ensure compliance with the balance outlined by the Constitution.
Technological Development and Legislative Choices: Brief reflections on the relationship between Science and State in the Covid-19 Health Emergency
Allegra Dominici
2022
Abstract
The inescapability of the empirical knowledge in which legislative choice is embedded has meant that technique has also been accorded a space to intervene in the legislative process. However, the respect for the balance od powers outlined by the constitutional system requires that Parliament be left with an inescapable margin of discretion aimed at ensuring that the balancing of opposing rights or interests is carried out by the very subjects chosen directly by the people, in deference to the principle of popular soverignity. this inescapagne guarantee hinders a full incorporation of the indications provided by the Committees of Sectoral Technicians since these must always fit into contexts of balancing opposing yet equally protected needs. As evidence of the peculiarity of this legislative process there is also an equally peculiar review of legitimacy that the Constitutional Court operates on laws defined as science based. However, the recent pandemic experience has shown us how, technical-scientific indications, can find full transposition in acts of the Public Administration, which enjoys a pacifically recognized technical discretion; it is still necessary for such a decision to find an express delegation in a regulatory act of primary rank always to ensure compliance with the balance outlined by the Constitution.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
