La Corte costituzionale e la storia profetica. Considerazioni a margine della sentenza n. 238/2014 della Corte costituzionale italiana

The Italian Constitutional Court and the prophetic story. Some comments on decision no. 238/2014 Abstract: The article analyses decision no. 238/2014 and its impact not only on the hierarchy of legal sources, but also on the fundamental constitutional values founding the Italian legal system. After a summary of the content of decision – whereby foreign States’ immunity with reference to iure imperii acts cannot exclude the jurisdiction of Italian judges – the author focuses on the procedural techniques followed by the Constitutional Court to scrutinize an international customary rule and concludes with some final remarks in the light of the case-law of other constitutional and (non-constitutional) courts.