La Torre di Pisa e la Moschea ‘fuori luogo’. Libertà, diritti e spazio nella giurisprudenza costituzionale sui luoghi di culto

Vazquez, Melisa Liana

Writing - Original Draft Preparation

2022-01-01

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Abstract

The essay focuses on the case of the Pisa Mosque (sentence n. 254/2019, TAR Toscana) as a means of exploring the legal contradictions that emerge from a legal systematic perspective regarding the interpretation and application of the principle of ‘freedom of religion’ combined with the so called ’right to a space of worship’. Specific attention is paid to the relevance of notions such as space, place, and the various permutations of the ‘idea of freedom’ in the constitutional treatment of religious difference. A retrospective analysis of the Italian Constitutional Court’s case law on the so called ‘Building of Worship’ is supported by a corresponding theoretical assessment of the role played by ‘facts’ and the multiple ways they are categorized within the ‘centralized’ constitutional review of legislation.