JUS - 2007 - 2-3

Sovereignty the recapitulatory expression of the fundamental correlation between law and State or State power. For this reason the sovereignty is mother and daughter of the State at the same time because organization of subjects and positiveness of law: it tanslates the principles of natural law into the present.

The essay is intended as a kind of meta-analysis, from a mainly criminal law perspective, of laicism and mutual tolerance principles in latemodern societies, getting beyond the formal approach to these themes, which has traditionally been focused solely on the legal guarantee of an outward respect by States and among citizens for minority faiths and beliefs. Liberal democracies, made aware of the need – stemming also, ad J. Habermas puts it, by and «aberrant modernization» – to draw upon different religious and moral beliefs in order to preserve their same normative and cultural foundations, should then bolster up the «potential for truth» of citizens and thus foster a widespread «interest in truth» rather than the idea of people sharing unique identities. A task which, in turn, requires as prerequisite equality of rights, enhancement of human capabilities and social cooperation. Such active social policy involvement even by liberal States has become more and more urgent in view of the recent drift of criminal laws towards «zero tolerance» and «enemy oriented» policies, which, besides being both the effect and a major further cause of the weakening of vital social bonds, are hardly contained solely by the liberal rule of law and rather pose a powerful threat to a credible maintenance thereof.

In the tought of Luigi Mengoni the subject of legal method assumes a central importance and its applications concern the main themes of labour law as well as those of civil law. In the reasoning of the decisions taken during his activity of constitutional judge Luigi Mengoni applied the idea of linking the legal framework and the case. According to the ermeneutic hypothesis he has held that dogmatic assumptions such as the problem of values impact on the «pre-comprehension», interpreted as the main aptitude of judges. In this context Luigi Mengoni has developed this approach in many judicial decisions relating to the fields of both employment and social security laws. According to Luigi Mengoni theory, the ermeneutic problem must be solved taking into account the consequences of the decisions as well as the rationality of the legal system on the whole.

The job analyzes in a critical prospective what the Government is making in fiscal policy. A particular attention is given to the serious problems of constitutionality that there are. The Government wants to make the fight to the tax evasion, but the instruments are wrong. There is a mistaken use of the penal endorsement: it should bu used to punish, not to have more money. The job analyzes also the several violations to the «Statuto del contribuente» that the new laws make. The Auctor hopes a new jurisprudence of the Court in order to specify the constitutional limits of the «Statuto del contribuente».

In this study on the conception of Public Administration of the leading italian author Giorgio Berti, the main features of Public Administration are analysed as follows: a direct link exists between the concept of Public Administration and the general conception of Law as well as of State sovereignity; the inadequacy of the explicit ideas of the Administration expressed in the Italian 1947 Constitution does not prevent the perception of this link; the rule of law is not exhaustive of the whole idea of the Administration; the new horizon in which Public Administration must be considered is its direct reference to civil society.

This is an essay on legal efficacy which places the private law norm at the centre of the analysis. The investigation moves from the theory of legal norm as hypothetical judgement: the draftsmen take into consideration some events (facts) of real life and describe them within a normative context. If the described facts happen, they trigger the consequences indicated by the norm, which are called legal effects. The effects consist of ‘events’ related to legal duties: when the fact described by the norm happens, a legal duty is born; or an existing legal duty is extinguished. Some of the main private law institutions are analysed in the light of these premises.

The offenses of danger, the difference between actual and alleged danger. The rules on international terrorism and the compression of individual rights in the presence of threats to collective security. The subjective freedom after 11 September and the need to recognize protections for citizens to avoid arbitrary compressions individual freedoms without real justification. The forms of protection possible: Parliament control, control of Constitutional Court.