Search results for "Keywords: terrorist legislation"

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Emergencia y garantías (en el pensamiento jurídico de Luigi Ferrajoli)

2011

Abstract: Along with Spain and United Kingdom, Italy has suffered a terrible period of political violence between 1970 and 1982 with hundreds of killings. In this paper I analyse the origins of Luigi FERRAJOLI’s theory of legal guarantee and his criticisms to Italian legislation against terrorism of that time. Therefore, I shed light on three different understanding of such a theory and I offer a review of that legislation that he labelled as «the subsystem of exception ».Moreover I will apply this conception of «special» criminal law to two famous trials against militants of a group of the extreme left. According to FERRAJOLI, these trials have been an instance of the paradigm of political…

Settore IUS/20 - Filosofia Del DirittoKeywords: terrorist legislation legal guarantee state of emergency criminal law of the enemy Rule of law
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