[ Last updated 21/10/10]
These rules are called social norms because governing the behavior of the individual as part of a company.
Of all these rules relate to conduct some external (not private) individual; others, such as religious rules, moral, etc., is concerned with private behavior.
In addition, some rules unique to the principles of fairness or good manners (eg. Be punctual at school or at work), others belong to specific regulations (sports, road traffic, etc.).
In the first case a possible transgression leads only to a personal hardship or disapproval of the group, while in the latter case, the violation may lead to disciplinary action.
This means that only certain social norms have the character of compulsory ie that must be met: these are the rules of law, namely legal rules and the complex the legal rules in force in a given state is called legal system.
The legal rule is a rule that governs the life of a company and can be relied upon "by force" (coercive) means that those who do not respect it suffers a punishment (sanction).
Therefore we can also say that the rule of law is a description of certain events which occur are related to certain consequences.
From this definition we derive two characteristics: " description of certain facts" and " certain consequences."
Nel diritto la “descrizione di certi fatti” si chiama fattispecie mentre la “determinata conseguenza” si chiama statuizione .
Therefore we can also say that the rule of law is a description of certain events which occur are related to certain consequences.
From this definition we derive two characteristics: " description of certain facts" and " certain consequences."
Nel diritto la “descrizione di certi fatti” si chiama fattispecie mentre la “determinata conseguenza” si chiama statuizione .
Oltre alla obbligatorietà le norme giuridiche hanno anche altre caratteristiche che sono:
- astrattezza : la norma è la previsione di un caso ipotetico che diventa concreto e specifico solo nel momento in cui si verifica il fatto;
- generalità : la norma regola il comportamento di tutti e non solo del singolo (per es. la legge non dice che solo il sig. Rossi deve essere arrestato se ruba, bensì che " chiunque ruba deve essere arrestato");
- astrattezza : la norma è la previsione di un caso ipotetico che diventa concreto e specifico solo nel momento in cui si verifica il fatto;
- generalità : la norma regola il comportamento di tutti e non solo del singolo (per es. la legge non dice che solo il sig. Rossi deve essere arrestato se ruba, bensì che " chiunque ruba deve essere arrestato");
- bilaterality : The standard has two simultaneous functions: objective ( objectivity or rule of law) because it regulates the conduct of individuals in society, subjective (subjective rule of law) because it gives the individual damaged may to protect its interest.
The objective law is divided into public law and private law . The public
is the set of rules that regulate the activity of state bodies and the relationship between them and the citizens;
is the set of rules that regulate the activity of state bodies and the relationship between them and the citizens;
the private law is the set of rules governing the relations of citizens among themselves
A further definition of rule of law is as follows: the rule of law is an obligation both to allow, that is prohibited, whether requiring .
The sources of law
A further definition of rule of law is as follows: the rule of law is an obligation both to allow, that is prohibited, whether requiring .
The sources of law
sources of law are the events or acts by which created the legal framework, stand out in sources of knowledge and sources of production . For
source of knowledge, being the set of documents which are contained legal previously formed and consolidated, such as, for example. the Constitution, the Official Gazette, Codes, etc.. For
source of production, means those acts and facts (the mechanisms or procedures) which are produced through the legal rules .
Because our Constitution is "stiff" to be able to amend or supplement is provided (Article 138) a particular procedure.
The bill for the amendment or inclusion must be approved by each House after two successive votes.
Between the first and second vote must be a period of not less than 90 days and that if the second vote the law was adopted by a majority that is between 50% + 1 and two-thirds of the members of each House, the law itself may be subject to a referendum if this is required:
a) one fifth of the members of a House or
b) by 500,000 voters, or
c) 5 Regional Councils.
The law submitted to referendum shall be enacted only if approved by a majority of voting citizens.
But if the second vote on the bill was passed by two-thirds of the members of each house there can be no referendum and the law will be promulgated immediately.
Community regulations
Community regulations are "laws" enacted The Parliament of the European Union and applicable to all Member States, like Italy, which are required to apply them.
This means that the laws enacted by the Italian government can not be in conflict with EC regulations so much so that in a possible dispute between the Trust and the Italian law judges must consider the priority of the first on the second.
The ordinary laws
Laws are enacted by those who, between the organs of the State has the power to enact, such laws can not be in conflict with either the Constitution nor with the EU regulations. The most important
ordinary laws are:
1) leggi in senso formale : sono tali le leggi emanate da un organo legislativo come il Parlamento o il Consiglio Regionale (che è il “Parlamento” delle Regioni);
2) leggi in senso materiale : sono tali le leggi emanate dal Governo il quale, pur non essendo un organo legislativo, può tuttavia emanarle ma solo a determinate condizioni;
le leggi in senso materiale si dividono in Decreti Legge ( D.L. ) e in Decreti Legislativi ( D.Lgs. , detti anche Decreti Delegati ).
Il procedimento seguito per la nascita di una legge ordinaria è il seguente:
1) presentazione one of the two chambers of the bill, the presentation can be made
a) by the Government;
b) by any one Parliamentary Assembly;
c) a Regional Council
d) by CNEL (The National Council for Economy and Labour, CNEL- is required by the Constitution of the Italian Republic, Art. 99 defines it:
" advisor to the Chambers and the Government for those matters and functions that attributed to him by law. It can initiate legislation and may contribute to the development the economic and social legislation according to the principles and within the limits prescribed by law ");
s) at least 50,000 voters.
2) The proposal, voted article by article and approved by one of the rooms, go to 'other room for a second vote, if it is positive to the proposal becomes law, otherwise the proposal should be postponed to the first room for the necessary changes.
3) The new law is being examined by the President of the Republic and later by promulgated and that he ordered that the law is published, observed and enforced.
4) The law was published in the Official Gazette (official publication of the Italian state where are the texts of all laws and other important documents, for example, the decisions and EU regulations, ministerial decrees, notices of competitions, etc.) and became the executive fifteenth day following its publication. The
DL is an interim measure issued by the Government in case of necessity and urgency: enter into force immediately and must be enacted into law by Parliament within 60 days. For this. must be submitted to both Houses on the same day of its enactment and if they do not approve of the decade DL retroactively. The
D. bye-law is a measure issued by the government but on behalf of Parliament precise and well defined area.
Regulations
acts by administrative bodies are based on mutual option. Can not contain provisions contrary to the provisions of the law and serve to regulate specific functions or to explain how certain laws should be applied.
customs and practices
We intend these repetitions general, consistent and uniform certain behavior deemed proper by the public. Clearly it is not written sources, but by tradition handed down over time.
source of knowledge, being the set of documents which are contained legal previously formed and consolidated, such as, for example. the Constitution, the Official Gazette, Codes, etc.. For
source of production, means those acts and facts (the mechanisms or procedures) which are produced through the legal rules .
The hierarchy of
The most important of the sources of knowledge is the Constitution which dates back to the validity of all productive sources of law in our legal system.
Soon after the Constitution Constitutional Laws we find that the only laws that can modify or add to the Constitution.
level drops are in order of importance, the Community Regulations, which are "laws" issued by the European Parliament, the ordinary laws State, the Regulations and, last, and the Uses the Consuetudines .
constitutional laws
Soon after the Constitution Constitutional Laws we find that the only laws that can modify or add to the Constitution.
level drops are in order of importance, the Community Regulations, which are "laws" issued by the European Parliament, the ordinary laws State, the Regulations and, last, and the Uses the Consuetudines .
constitutional laws
Because our Constitution is "stiff" to be able to amend or supplement is provided (Article 138) a particular procedure.
The bill for the amendment or inclusion must be approved by each House after two successive votes.
Between the first and second vote must be a period of not less than 90 days and that if the second vote the law was adopted by a majority that is between 50% + 1 and two-thirds of the members of each House, the law itself may be subject to a referendum if this is required:
a) one fifth of the members of a House or
b) by 500,000 voters, or
c) 5 Regional Councils.
The law submitted to referendum shall be enacted only if approved by a majority of voting citizens.
But if the second vote on the bill was passed by two-thirds of the members of each house there can be no referendum and the law will be promulgated immediately.
Community regulations
Community regulations are "laws" enacted The Parliament of the European Union and applicable to all Member States, like Italy, which are required to apply them.
This means that the laws enacted by the Italian government can not be in conflict with EC regulations so much so that in a possible dispute between the Trust and the Italian law judges must consider the priority of the first on the second.
The ordinary laws
Laws are enacted by those who, between the organs of the State has the power to enact, such laws can not be in conflict with either the Constitution nor with the EU regulations. The most important
ordinary laws are:
1) leggi in senso formale : sono tali le leggi emanate da un organo legislativo come il Parlamento o il Consiglio Regionale (che è il “Parlamento” delle Regioni);
2) leggi in senso materiale : sono tali le leggi emanate dal Governo il quale, pur non essendo un organo legislativo, può tuttavia emanarle ma solo a determinate condizioni;
le leggi in senso materiale si dividono in Decreti Legge ( D.L. ) e in Decreti Legislativi ( D.Lgs. , detti anche Decreti Delegati ).
Il procedimento seguito per la nascita di una legge ordinaria è il seguente:
1) presentazione one of the two chambers of the bill, the presentation can be made
a) by the Government;
b) by any one Parliamentary Assembly;
c) a Regional Council
d) by CNEL (The National Council for Economy and Labour, CNEL- is required by the Constitution of the Italian Republic, Art. 99 defines it:
" advisor to the Chambers and the Government for those matters and functions that attributed to him by law. It can initiate legislation and may contribute to the development the economic and social legislation according to the principles and within the limits prescribed by law ");
s) at least 50,000 voters.
2) The proposal, voted article by article and approved by one of the rooms, go to 'other room for a second vote, if it is positive to the proposal becomes law, otherwise the proposal should be postponed to the first room for the necessary changes.
3) The new law is being examined by the President of the Republic and later by promulgated and that he ordered that the law is published, observed and enforced.
4) The law was published in the Official Gazette (official publication of the Italian state where are the texts of all laws and other important documents, for example, the decisions and EU regulations, ministerial decrees, notices of competitions, etc.) and became the executive fifteenth day following its publication. The
DL is an interim measure issued by the Government in case of necessity and urgency: enter into force immediately and must be enacted into law by Parliament within 60 days. For this. must be submitted to both Houses on the same day of its enactment and if they do not approve of the decade DL retroactively. The
D. bye-law is a measure issued by the government but on behalf of Parliament precise and well defined area.
Regulations
acts by administrative bodies are based on mutual option. Can not contain provisions contrary to the provisions of the law and serve to regulate specific functions or to explain how certain laws should be applied.
customs and practices
We intend these repetitions general, consistent and uniform certain behavior deemed proper by the public. Clearly it is not written sources, but by tradition handed down over time.
0 comments:
Post a Comment