La Corte può avere una teoria della Costituzione?

This article analyses the theoretical basis of the ruling by which the Constitutional Court declared inadmissible the questions of constitutional legitimacy concerning the provision that grants the Commissario per gli usi civici autonomous powers to initiate proceedings. In particular, it examines the necessity and implications of recourse to the supreme principles of the Constitution in a manner that is no longer reactive (as counter-limits) but affirmative, concluding that the Court appears to explicitly adopt a theory of the Constitution, according to which the terms of the constitutional agreement — as interpreted by the Court itself — prefigure and exhaust the contents of the constitutional amendment power.