Le vacillanti colonne d'Ercole dell'autodichia e i paradossi dell'antipolitica. Tra volontà di "fare giustizia" dei privilegi dei parlamentari, ingiustificate disparità di trattamento e collocazione dei regolamenti parlamentari nel sistema delle fonti

On the basis of two recent judgments of the United Sections of the Court of Cassation, this commentary tries to analyse the fundamental stages of constitutional jurisprudence on the subject of judicial review of parliamentary rules, and tries to point out in what way the resolution of such issue will affect the balance between independence of Parliament and protection of the rights of the individual. As the Constitutional Court has stated, there can not be a judicial review on parliamentary rules; as a consequence of that, the mean to make sure there is a fair balance between the two abovementioned opposed interests (independence of Parliament and protection of the rights of the individual) is the conflict of powers. The commentary then analyses the extension of such control and its effectiveness in relation to the protection of the right of defense of the individual. The recent issue with the pensions of former members of Parliament is taken into account, too; in fact, such issue makes clear that sacrificing the rigidity and inflexibility of the Constitution may involve serious consequences, both immediately and in the longer term.