Search results for "legality"
showing 10 items of 54 documents
Trade and Interlegality
2019
The idea that the WTO legal system and its institutional bodies (especially the judicial branch) have developed a single-sided ides of what is good and would attempt to impose a deep-rooted liberalization agenda on the rest of world is hardly corroborated by an empirical analysis. Quite the contrary, recourse to a series of legal techniques has made it possible to leave open a space for reciprocal understanding and debate with other circuits of legality.
La Corte costituzionale apre al divieto di retroattività del novum penitenziario in malam partem.
2020
With a courageous judgment, the Constitutional Court extends the application scope of art. 25, par. 2, Cost. in the criminal enforcement sector. Censoring the living law, the Court states the prohibition of the retroactivity of the measures more afflictive introduced by law no. 3 of 2019 to convicts who committed the fact before its entry into force. The Author, after dwelling on the new paradigm of "European legality", retraces the salient passages of the decision, from which it draws the innovative message of the Judge of the laws.
FILOZOFIA PRAWA W ŻYCIU I NAUCZANIU ULPIANA
2017
The Philosophy of Law in Ulpian’s Life and TeachingSummaryThe purpose of this article, is to show, taking into account Ulpian’s life and teaching, that the Roman jurisprudence was interwoven with some elements of philosophy. The first part of the article illustrates the influence of Ulpian’s life history on his philosophical and legislative views, whereas the second part presents the latter.His knowledge of law, the posts which he occupied, and numerous works prove that Ulpian was preoccupied with studying „law through its first causes”. He asked about the essence of the law, about what the natural law is, and what justice is. He described the juridical reality using the language of law and…
Working on the "dark place" of southern European metropolitan cities. An analysis of informal practices and critique on approaches of public housing …
2018
The debate on housing practices of self-help mainly focalizes on Southern countries of the world, while in the Northern countries informal practices are still marginal or neglected compared to their proactive roles that could play in reframing public policies. Although this phenomenon has been recently re-evaluated in Europe, especially as antagonism between legality and illegality and rights, the housing practices of self-help could be a promising approach to solve housing deprivation in many metropolitan cities where the gap of income between rich and poor is keener. However, in Italy and in other European countries, squatters are illegal persons and therefore it becomes more complicated …
Sindacato di legittimità costituzionale e legalità penale: il delicato equilibrio tra ruolo della Corte Costituzionale e discrezionalità del legislat…
2022
The paper intends to focus on the issue of the relationship between the judgment of constitutional legitimacy and the legislator's discretionary power in criminal matters. The Constitutional Court, especially in recent years, has carried out an overall rewriting of criminal law, through rulings that have affected some of the most significant institutions, introducing a substitute regulation for that deliberated by the legislator. To achieve this result, in the name of safeguarding fundamental rights, the Constitutional Court devised new techniques of adjudication, forcing patterns that had already been established in its jurisprudence or proposing new ways of adjudication in incidental proc…
E' illegittima l'azione esecutiva che si alimenta da sola
2017
L'articolo, attraverso l'esame di una pronuncia del Tribunale di Napoli, commenta il relativo contenuto secondo cui è illegittima la procedura espropriativa che si alimenta da sola, in quanto volta esclusivamente al recupero delle spese dell’esecuzione erroneamente quantificate dal creditore nell’atto di precetto The article, through the examination of a ruling by the Court of Naples, comments on the relative content according to which the expropriation procedure that feeds on itself is illegitimate, as it is aimed exclusively at recovering the costs of the execution erroneously quantified by the creditor in the writ of precept
Rule of Law.Il governo della legge ieri e oggi
2011
In questa rivisitazione della formula del rule of law s’intende mostrare che essa non deve essere ridotta all’individuazione di determinate caratteristiche formali dei precetti giuridici e neppure allargata sì da comprendere determinati contenuti normativi del diritto, ma che essa è rivolta ad indicare come deve essere praticato il diritto. L’uso del diritto è importante quanto l’individuazione dei criteri formali di validità, e forse ancor più di questi. Questa linea di pensiero è illustrata sia facendo riferimento alla tradizione filosofico-giuridica, da Aristotele a Tommaso d’Aquino, sia segnalando l’espansione della formula del rule of law anche nella filosofia politica contemporanea, e…
Rule of Recognition, Convention and Obligation. What Shapiro Can Still Learn From Hart’s Mistakes
2012
Shapiro works out a version of legal positivism, taking as its starting point Hart’s practice theory of law. Some serious limits of Hart’s practice theory of norms concern the conception of legal obligation and normativity of law. In this chapter, I analyze the limits of Hart’s conception of legal normativity and I appraise whether the planning theory of law indicates the correct direction for overcoming them. To anticipate the conclusion, my effort is to show that Shapiro replicates Hart’s mistakes on these subject matters. This chapter is divided into three main sections. First, I will present briefly a critical reconstruction of Hart’s conception of normativity, a reconstruction which is…
Publicidad y Rule of Law
2011
By the ‘Rule of Law’ I mean a set of formal and institutional features the law may possess in varying degrees. These features define an ideal, which laws have traditionally been expected to live up to. One of these features is publicity. Part of what constitutes the Rule of Law is the requirement that the laws should be public. This is the subject of this paper. When it is claimed that the Rule of Law requires that the laws should be public, what is to be understood by this claim? My main claim is that the Rule of Law requirement of publicity is best understood in terms of the notion of common, or mutual, knowledge. When it is required that the laws should be public, what should be meant by…
Publicity and the Rule of Law
2021
By the ‘Rule of Law’ I mean a set of formal and institutional features the law may possess in varying degrees. These features define an ideal, which laws have traditionally been expected to live up to. One of these features is publicity. Part of what constitutes the Rule of Law is the requirement that the laws should be public. This is the subject of this paper. When it is claimed that the Rule of Law requires that the laws should be public, what is to be understood by this claim? My main claim is that the Rule of Law requirement of publicity is best understood in terms of the notion of common, or mutual, knowledge. When it is required that the laws should be public, what should be meant by…