Nomodynamic theories, which describe normative systems as pure system of normative production's sources, are usually joined to free and creative character of administrative and judicial authorities's activity. Paradigmatical example of this should be the Kelsen's theory, according to that each model of source, as at same time moment of application and moment of normative production, should be constitutive and voluntaristic. This paper, on the contrary, aims to sustain the alternative thesis of normativism as procedural theory of law. The implications of this assumption are two. Firstly nomodynamic normative systems should be able to warrant a just least form of rationality'control. Secondly all the subordinate normative sources, both administrative and judicial authorities, should have a definite discretion's margin, which should not total fixed by superior normative sources.

Nomodinamica come teoria procedurale del diritto. Tra normativismo e teoria assiomatica

Di Carlo, L.
2018

Abstract

Nomodynamic theories, which describe normative systems as pure system of normative production's sources, are usually joined to free and creative character of administrative and judicial authorities's activity. Paradigmatical example of this should be the Kelsen's theory, according to that each model of source, as at same time moment of application and moment of normative production, should be constitutive and voluntaristic. This paper, on the contrary, aims to sustain the alternative thesis of normativism as procedural theory of law. The implications of this assumption are two. Firstly nomodynamic normative systems should be able to warrant a just least form of rationality'control. Secondly all the subordinate normative sources, both administrative and judicial authorities, should have a definite discretion's margin, which should not total fixed by superior normative sources.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11369/369097
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