Annotazioni sul principio di uguaglianza tra precedente e diritto vivente

is paper examines the principle of equality through the lens of the uniform interpretation of the law, with particular reference to the notions of judicial precedent and ‘living law’ within the Italian legal tradition. Following a brief historical overview of the development of the Supreme Court’s nomophylactic function, the analysis focuses on the increasingly prominent role of precedent, as well as on the hierarchical understanding of ‘living law’ that emerges from settled constitutional case law, according to which it is conceived as the direct and exclusive expression of the Supreme Court. is perspective allows for some preliminary reflections on the «dialectic between certainty and change» within the legal system, in order to assess whether a balance can be identified between the (at least tendential) stability of statutory interpretation and the evolutionary dimension inherent in adjudication.