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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 …
Whose Europe? After The Constitution: A Goal Based Citizenship, Gianluigi Palombella
Whose Europe? After The Constitution: A Goal Based Citizenship, Gianluigi Palombella
Gianluigi Palombella
This article designed the scenario of a constitutional Europe after 2004 and the work of the Convention on a (proposed) Constitution. In particular it elaborated on the philosophical background and legal categorizations of a European citizenship, and exposed its added value and the innovative perspective that it should have prompted.