The development of legal governance interweaves a number of layers of legalities mutually exclusive and reluctant to partake in a global overarching and harmonising architecture. An array of legal ‘software’, self contained legal regimes pierce the veil of State systems. This article explains, also through a number of judicial cases at the Italian, European and International Courts, what a theory of inter-legality can contribute to the understanding of and how it can cope with inter-systemic issues and the overlapping of self-related normativities. It looks at the uneasiness of State legal orders vis à vis external sources and draws the lines of inter-legality as a method in adjudication and legislation, eventually turning to the inter-legal character of human rights.
Interlegality: On Interconnections and ‘External’ Sources
Palombella, Gianluigi
2021-01-01
Abstract
The development of legal governance interweaves a number of layers of legalities mutually exclusive and reluctant to partake in a global overarching and harmonising architecture. An array of legal ‘software’, self contained legal regimes pierce the veil of State systems. This article explains, also through a number of judicial cases at the Italian, European and International Courts, what a theory of inter-legality can contribute to the understanding of and how it can cope with inter-systemic issues and the overlapping of self-related normativities. It looks at the uneasiness of State legal orders vis à vis external sources and draws the lines of inter-legality as a method in adjudication and legislation, eventually turning to the inter-legal character of human rights.File | Dimensione | Formato | |
---|---|---|---|
italian law journal interlegality 2021 PALOMBELLA.pdf
accesso aperto
Tipologia:
Documento in Post-print/Accepted manuscript
Licenza:
PUBBLICO - Pubblico con Copyright
Dimensione
610.79 kB
Formato
Adobe PDF
|
610.79 kB | Adobe PDF | Visualizza/Apri |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.