إعمال نظرية "القانون الحي" في اجتهاد القضاء الدستوري : دراسة مقارنة بين إيطاليا و فرنسا و إسبانيا

الملخص EN

Post-constitutional review raises issues regarding the relationship between ordinary and constitutional courts in interpreting legislative provisions when a question of unconstitutionality is raised.

Both courts may adhere to their own interpretation, particularly in light of prior interpretations by ordinary courts.

The theory of "living law" is a legal and social theory developed by the Italian Constitutional Court to promote dialogue among judges on the interpretation of legal text.

This article examines the position of constitutional courts, particularly the Italian Constitutional Court, the French Constitutional Council, and the Spanish Constitutional Court, on the theory of "living law" and its relation to ordinary courts.

The comparative method was adopted to study the approaches of these courts.

The research concludes that the theory of "living law," developed by the Italian Constitutional Court, provided a solution to the strained relationship between ordinary courts, particularly the Court of Cassation, and constitutional courts.

In many cases, constitutional courts adopt the interpretations of ordinary courts, which have been long-standing in application.