Search results for "Rechtsstaat"
showing 3 items of 3 documents
Vittorio Emanuele Orlando. Il giurista, l’avvocato, lo statista
2018
Vittorio Emanuele Orlando is one of the defining figures of the history of Italy. Lawyer, jurist and statesman, he founded the Italian School of Public Law and worked out an original version of the “Rechtsstaat”. He led Italy to victory during the First World War, took then an official stance against the Fascism and played a significant role in the republican constituent process. The article suggests a coherent interpretation of the several aspects of his personality and provides an extensive bibliography
La semplicità immaginaria. Apogeo e crisi dello Stato liberale di diritto.
2011
De l’État de droit libéral à l’État de droit social. Critique et transformation de l’État de droit chez Hermann Heller
2019
This article analyzes the genesis and meaning of the concept of a “social rule of law” (sozialer Rechtsstaat) which Heller put forward in the particular context of The Weimar Republic. Heller was at this time one of the jurists who criticized the liberal ideal of law. He instead promoted a social conception that would take socio-economic inequalities into consideration. However, this did not imply eliminating the rule of law; it was rather a question of extending it or elevating it to a higher point – which he called “social democracy” and from 1929, “social rule of law”. In the context of the crisis of democracy, this kind of statement clearly had a political dimension.