Andrea Pugiotto

Taking Non-retroactivity Seriously

  • Abstract

Informations and abstract

Keywords: Non-Retroactivity; Temporal Succession of Laws; Limits to Retroactivity; Constitutional Court.

In most constitutional law textbooks, the phenomenon known as retroactivity of the law is dealt with as a problem of general theory of legal sources, as a diachronic relationship between two norms. This approach however obscures a different reality: the ample legislative discretion allowed on the legal value to be assigned to previous material acts and facts, which requires the judge to re-evaluate them on the basis of a previously inexistent norm. From this perspective, the problem of the temporal succession of laws ceases to be a strictly legal question and becomes a question of rights - a key question of legal politics. The article identifies limits to the manipulation of legislative time that seem urgently needed vis a vis a constitutional case law that is today too inconsistent on the issue.

Trova nel catalogo di Worldcat

Article first page

Article first page