Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Jurisprudence
The Principles Of International Law: Interpretivism And Its Judicial Consequences, Gianluigi Palombella
The Principles Of International Law: Interpretivism And Its Judicial Consequences, Gianluigi Palombella
Gianluigi Palombella
Principles are part of international law as much as of other legal orders. Nonetheless, beyond principles referred to the functioning of IL, or the sector related discipline in discrete fields, those fundamental principles identifying the raison d’etre, purpose and value of the legal international order, as a whole, remain much disputed, to say the least. In addressing such a problem, one that deeply affects interpretation and legal adjudication, this article acknowledges the limits and weakness of legal positivism in making sense of the inter- and supra-national legal order(s). It appraises also the novel from the late Ronald Dworkin, concerning …
The (Re-) Constitution Of The Public, Gianluigi Palombella
The (Re-) Constitution Of The Public, Gianluigi Palombella
Gianluigi Palombella
This article deals with the prospect of public law in global governance. It analyses firstly the foundations of modern public law and considers what is left of them in the global setting. Are they still holding through States’ de-centering practices, detached from the legitimating grounds of the modern ‘idea of publicness’? What is called here the duality of public law (in its State-related political and juridical strands) fades and decouples in the sphere where inherently ‘global’ legalities originate of a deracinated type: the distinctively global ‘public’ only provides a ‘suspended public law’ and politically unsaturated. The Constitution of the Public …
The Rule Of Law As An Institutional Ideal, Gianluigi Palombella
The Rule Of Law As An Institutional Ideal, Gianluigi Palombella
Gianluigi Palombella
This article aims at offering an innovative interpretation of the potentialities of the "rule of law" for the XXI Century. It goes beyond current uses and the dispute between formal and substantive conceptions, by reaching the roots of the institutional ideal. Also through historical reconstruction and comparative analysis, the core of the rule of law appears to be a peculiar notion, showing a special objective that the law is asked to achieve, on a legal plane, largely independent of political instrumentalism. The normative meaning is elaborated on and construed around the notions of institutional equilibrium, non domination and "duality" of …