L’obbligo di motivazione della legge per una ragionevole differenziazione regionale ex art. 116, III co., della Costituzione?

The essay, starting from Constitutional Court judgment no. 192/2024 concerning differentiated regional autonomy, explores whether there currently exists in the Italian legal system a legal obligation to provide justification for legislation, and what its underlying rationale might be. By examining the evolution of the Constitutional Court’s case law on the matter and drawing comparative insights from other legal systems where it is explicitly recognized, the paper investigates the scope and potential effects of such a requirement. It further considers how this duty of legislative justification could be articulated within the Italian constitutional system, and what implications and consequences its introduction might have, both in relation to differentiated regionalism and, more broadly, to the relationship between Parliament and the Constitutional Court, as well as to the overall structure of the State.