Cesare Pinelli

A Parallel System. Laws by Decree and Orders in Council in the Italian Experience

  • Abstract

Informations and abstract


The text tackles the following themes: the shift of constitutional jurisprudence as regards laws by decree and doctrinal reactions; the resort to orders in council in recent republican experience; the thesis of the unconstitutionality of Law No. 225 of 1992; the thesis that posits violations of legality on the plane of the implementation praxis of law; the thesis that depicts the power of orders in council as a continuation of ordinary administrative power; the thesis that views such power as a direct pursuit of constitutional principles; the abnormal recourse to laws by decree and orders in council and the extent to which one can speak of a parallel system; concerning certain recurring features in the Italian experience.

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