By Massimo La Torre

This ebook of criminal philosophy contends that optimistic legislation is healthier understood whether it is now not too simply equated with strength, strength, or command. legislation is extra a question of discourse and deliberation than of sheer choice or of energy kin. this is thought-provoking interpreting for legal professionals, advocates, students of jurisprudence, scholars of legislations, philosophy and political technology, and normal readers fascinated with the way forward for the constitutional nation.

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We eventually reach the following conclusion: <

It is the code, not the constitution, the legal positivist’s bible. For him it is the code the “real” constitution, the relevant formal document supporting the whole legal order, since it is the systematic, rational and in principle complete, collection of State laws. And these, the laws, are the fundamental legal sources. This they are for a very simple reason: it is not the constitution but the laws, which express State “essence”, that is its power, sovereignty, ultimate and final supremacy. A formal constitution’s main task indeed is power limitation, the taming of sovereignty, not its sanction and celebration.

III. 3. “Wille zur Verfassung”, Will of Constitution Of the three main doctrines competing in the arena of the Weimar constitutional law none, however, was apt to offer a credible defense for a democratic constitutionalism. On the contrary, quite a few of them were LAW AS CONSTITUTION 31 openly meant as a criticism of the liberal State and were holders of more or less explicit authoritarian plans of reform. Both Smend’s communitarianism and Schmitt’s decisionism ended by eschewing and considering obsolete the question of political power’s limits.

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