The selection of the members of the SCM in the Constituent Assembly. Reading of the discussions in the Constituent Assembly on Article 104 of the Constitution, in particular on the concept of "election" of the members of the judiciary

Abstract

The use of the term elect in the text of article 104 of the Italian Constitution is often recognised as an absolute limit to overcome the electoral selection of the togate members of the Supreme Judicial Council in favor of a different model. Starting from the analysis of the criteria for interpreting the constitutional text, focusing in particular on originalist one, the reading of the acts of the Constituent Assembly returns a much more articulated historical truth.