Gianluigi Palombella
Dados Biográficos
| ID | 6742004 |
|---|---|
| NOME | Gianluigi Palombella |
| PRENOMES | Gianluigi |
| SOBRENOME | Palombella |
| ASSINATURA | PALOMBELLA G |
| AFILIAÇÕES | Scuola Superiore Sant'Anna |
| ORCID | 0000-0001-8646-5316 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 6 |
| TOTAL DE CITAÇÕES | 1 |
| OBRAS COMO AUTOR | 5 |
| OBRAS COMO EDITOR | 1 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2007 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2021 |
| ÍNDICE H | 1 |
Non-arbitrariness, rule of law and the ‘margin of appreciation’
Can citizens’ interest in non-domination be satisfied by the principle of legality and the guarantee of non-arbitrariness? This comment argues that the rule of law requires an internal organization of law that entails an additional positive law, through conventions, common law, judicial precedents or constitutions, which the sovereign cannot legally override. In the supranational context, the rule of law requires an equilibrium of consideration a…
The Abuse of the Rule of Law
German War Crimes and the Rule of International Law
This article considers the opposite stances taken by the International Court of Justice (ICJ), the European Court of Human Rights (ECtHR), and the Italian Constitutional Court from the point of view of the international rule of law. On the one hand, the ICJ and the ECtHR relied on the existence of a customary rule of state immunity as hierarchically prevailing. On the other hand, the Constitutional Court considered the normative weight of the con…
Relocating the Rule of Law
The Rule of Law as Institutional Ideal
This article aims at offering an innovative interpretation of the potentialities of the “rule of law” for the twenty-first century. It goes beyond current uses and the dispute between formal and substantive conceptions by exploring the roots of the institutional ideal. Also through historical reconstruction and comparative analysis, the core of the rule of law appears to be a peculiar notion. It displays a special objective that the law is asked …
From Human Rights to Fundamental Rights
This article introduces a peculiar distinction between “human” rights and “fundamental” rights, explaining through diverse areas, the role that the difference can play. Rights are loaded with contrasting properties and burdens, opposing features and values (neutral, pre-political, negotiable, democratic, etc.). On the contrary, we should accept -on one side- human rights as moral visions of what is due to human beings, deontological imperatives, …
The Rule of Law as Institutional Ideal
This article aims at offering an innovative interpretation of the potentialities of the “rule of law” for the twenty-first century. It goes beyond current uses and the dispute between formal and substantive conceptions by exploring the roots of the institutional ideal. Also through historical reconstruction and comparative analysis, the core of the rule of law appears to be a peculiar notion. It displays a special objective that the law is asked …
From Human Rights to Fundamental Rights
This article introduces a peculiar distinction between “human” rights and “fundamental” rights, explaining through diverse areas, the role that the difference can play. Rights are loaded with contrasting properties and burdens, opposing features and values (neutral, pre-political, negotiable, democratic, etc.). On the contrary, we should accept -on one side- human rights as moral visions of what is due to human beings, deontological imperatives, …
Relocating the Rule of Law
The Rule of Law as Institutional Ideal
This article aims at offering an innovative interpretation of the potentialities of the “rule of law” for the twenty-first century. It goes beyond current uses and the dispute between formal and substantive conceptions by exploring the roots of the institutional ideal. Also through historical reconstruction and comparative analysis, the core of the rule of law appears to be a peculiar notion. It displays a special objective that the law is asked …
German War Crimes and the Rule of International Law
This article considers the opposite stances taken by the International Court of Justice (ICJ), the European Court of Human Rights (ECtHR), and the Italian Constitutional Court from the point of view of the international rule of law. On the one hand, the ICJ and the ECtHR relied on the existence of a customary rule of state immunity as hierarchically prevailing. On the other hand, the Constitutional Court considered the normative weight of the con…
The Abuse of the Rule of Law
Non-arbitrariness, rule of law and the ‘margin of appreciation’
Can citizens’ interest in non-domination be satisfied by the principle of legality and the guarantee of non-arbitrariness? This comment argues that the rule of law requires an internal organization of law that entails an additional positive law, through conventions, common law, judicial precedents or constitutions, which the sovereign cannot legally override. In the supranational context, the rule of law requires an equilibrium of consideration a…
Political science (5 obras) · Sociology (5 obras) · Law (4 obras) · Law and economics (4 obras) · Politics (4 obras) · Rule of law (4 obras) · Judicial and Constitutional Studies (3 obras) · Law (3 obras) · Epistemology (2 obras) · Fundamental rights (2 obras)