L’emergenza in Italia tra diritto e politica. Le tracce dell’epoca statutaria e il cortocircuito dell’ordinamento costituzionale

This thesis addresses the issue of emergency governance within the Italian legal system, focusing on the tensions between law and politics. It examines how emergencies have been dealt with from the end of the Statute era to the present day, highlighting deviations from constitutional norms and the use of extraordinary measures, sometimes with the risk of abuse. By studying the concept of emergency from a lexical, legislative and jurisprudential perspective, a new definition of constitutional emergency is developed, revealing the deviating mechanisms and the short-circuit that occurs between the legitimacy and effectiveness of State action during emergencies. Through a historical and legal investigation, the oscillation between "necessity" and "exception" in Statute and Republican Italy is explored, along with the constitutionalisation of urgency and the affirmation of emergency. The main "emergency eras" (domestic terrorism, natural disasters and major events and the Covid-19 pandemic) are considered with the aim of proposing solutions for a constitutional approach to emergency and its management, aimed at preventing abuses and distortions.