Atti giuridici fondamentali

Maro Q. Silvi 382-398

Abstract: Fundamental Legal Acts
I wonder whether it makes sense to question the existence of fundamental legal acts. I present three examples from authors (Norberto Bobbio, Hannah Arendt, Rudolf von Jhering) who have put forward proposals regarding fundamental legal acts, in order to demonstrate that: (i) the term ‘fundamental legal acts’ can be understood in at least two different ways; (ii) in any case, there is no point in looking for fundamental legal acts; (iii) an analysis of the essential functions of fundamental legal acts nevertheless suggests a working hypothesis that justifies research into certain specific legal acts.

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