The author says that to get rules technique and the certainty of the law together is quite a postulate. The certainty of rules is the expression of impartiality and guarantee which should be assured by the "fixity" of the law.Neverthless one can point out the insufficinet reconnaissance of the rules seen as pure written record, that is the "liturgic text" to individuate the real content of the law. The author gives variegated exemplifications about it. Viceversa the rule exists because it is "alive", and in it is its effective vitality. So it exists in the semantics and in the jurisdictional control and in its applicability. After all, the matter of law is a matter of fact. The specific fact is considered as an action which weighs in political society: for this reason it is a "fact which becomes law". This rule (which suggests us the empirical experience with its historical background) is the only thing that gives us the final result of the judgement aspect and for this reason it is the final result of the organizing action of politics. Therefore, very aften the architecture of the hierarchy of sources is unsteady. We assist at what the classfiers accuse: a levelling, an overturning, an integration of sources of different grade or quite an "extra ordinem". All this is the consequence of the interface law of politics. If, from one side it can be considered as an element of disorder, from another side it is it which puts en order and consolidate the unique law from which one cannot avarial necessarily to consider:the "state law", the only one which everybody refers to (if, for example, we want to refer to communities rules, or to the lex mercatoria this involves our referring to the state law which guarantees the concrete execution). It has also been paied attention to the autonomy of the processes of the rules technique which represent theoretical models. They are well built and substain the unique government action; they objectify, by the independence of the technique, the "Sollen" of the rule (from its drawing up to its becoming concrete). It has also benn considered as from the rules technique a process of erosion has come envolving the autonomy of the Regions. The emphatised profiles of indipendence of the Regions are solved in attributions of competences "functional" and "interdependent" to the given system wanted by the unique, real resultant, juridical character: the state institution co-ordinates competences and joins the functions together to the juridical exclusivity that means:the constitutional production and the juridical control.

Pensabene Lionti, S. (2010). Procesos de autonomia normativa entre perfiles de indipendencia e interdependencia funcional. REVISTA ESPAÑOLA DE LA FUNCIÓN CONSULTIVA, n° 11(num. 11, enero-junio (2009) pubblicato nel 2010), 151-183.

Procesos de autonomia normativa entre perfiles de indipendencia e interdependencia funcional

PENSABENE LIONTI, Salvatore
2010-01-01

Abstract

The author says that to get rules technique and the certainty of the law together is quite a postulate. The certainty of rules is the expression of impartiality and guarantee which should be assured by the "fixity" of the law.Neverthless one can point out the insufficinet reconnaissance of the rules seen as pure written record, that is the "liturgic text" to individuate the real content of the law. The author gives variegated exemplifications about it. Viceversa the rule exists because it is "alive", and in it is its effective vitality. So it exists in the semantics and in the jurisdictional control and in its applicability. After all, the matter of law is a matter of fact. The specific fact is considered as an action which weighs in political society: for this reason it is a "fact which becomes law". This rule (which suggests us the empirical experience with its historical background) is the only thing that gives us the final result of the judgement aspect and for this reason it is the final result of the organizing action of politics. Therefore, very aften the architecture of the hierarchy of sources is unsteady. We assist at what the classfiers accuse: a levelling, an overturning, an integration of sources of different grade or quite an "extra ordinem". All this is the consequence of the interface law of politics. If, from one side it can be considered as an element of disorder, from another side it is it which puts en order and consolidate the unique law from which one cannot avarial necessarily to consider:the "state law", the only one which everybody refers to (if, for example, we want to refer to communities rules, or to the lex mercatoria this involves our referring to the state law which guarantees the concrete execution). It has also been paied attention to the autonomy of the processes of the rules technique which represent theoretical models. They are well built and substain the unique government action; they objectify, by the independence of the technique, the "Sollen" of the rule (from its drawing up to its becoming concrete). It has also benn considered as from the rules technique a process of erosion has come envolving the autonomy of the Regions. The emphatised profiles of indipendence of the Regions are solved in attributions of competences "functional" and "interdependent" to the given system wanted by the unique, real resultant, juridical character: the state institution co-ordinates competences and joins the functions together to the juridical exclusivity that means:the constitutional production and the juridical control.
Settore IUS/09 - Istituzioni Di Diritto Pubblico
Pensabene Lionti, S. (2010). Procesos de autonomia normativa entre perfiles de indipendencia e interdependencia funcional. REVISTA ESPAÑOLA DE LA FUNCIÓN CONSULTIVA, n° 11(num. 11, enero-junio (2009) pubblicato nel 2010), 151-183.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10447/50942
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