Laura Ronchetti

Interventions Owing to a Lack or Excess of Normative Power

  • Abstract

Informations and abstract


The work tackles the theme of the normative powers of the Government and of the scope of the law of Parliament. The reflection on the novelties in the use of the normative power of the Government induces consideration, on the one hand, of the theme of their repercussions on the role of Parliament and, on the other hand, of the question of the consequences directly suffered by the citizenry in terms of constitutional rights violated. These two survey profiles help to delineate a close relationship - prima facie, paradoxical - between the reduction of the fully regulative function of legislation in favour of the normative power of the Government and the excess of power of the same legislator. These phenomena, apparently mutually contradictory, proceed at the same pace and both represent manifestations of the crisis of Parliament, thus driving the entire constitutional system toward a reshaping of the separation of powers and of constitutional rights. From this perspective the work specifically examines the relation between normative power of the Government and the law of Parliament with reference to the normative discipline of assisted insemination, undesired pregnancy and the biological will.

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