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Full-Text Articles in Legal History
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 …
Global Threads: Weaving The Rule Of Law And The Balance Of Legal Software, Gianluigi Palombella
Global Threads: Weaving The Rule Of Law And The Balance Of Legal Software, Gianluigi Palombella
Gianluigi Palombella
The article shows how the global legal sphere attempts to compensate the lack of a system (hardware) and faces the proliferation of legal normativities (software). The author elaborates on the role of the rule of law: after stressing the ambiguities and the contestability of its current uses in the confrontations between legal orders and regulatory regimes, it is explained that the persistence and promise of the rule of law in the global setting depend on the weaving of a set of meta-rules (a special kind of software) developed through various areas and sources of legalities in the international environment. Eventually, …
The Rule Of Law, Democracy, And International Law - Learning From The Us Experience, Gianluigi Palombella
The Rule Of Law, Democracy, And International Law - Learning From The Us Experience, Gianluigi Palombella
Gianluigi Palombella
The general issue addressed in this paper is the relation between the rule of law as a matter of national law, and as a matter of international law. Different institutional conceptions of this relationship give rise to different attitudes towards international law. Nonetheless, questions arise that cast doubt on age-old tenets of certain Western countries concerning the radical separability between the rule of law within the domestic system and in the international realm. The article will start considering some recent developments in the United States' treatment of alien detainees. Then it shall address the relation between domestic constitutions and international …