The outbreak of the conflict between Russia and Ukraine has brought war back to Europe after years. War is a phenomenon that profoundly affects legal categories, and the Italian legal system does not escape this impact. The most recent events are an opportunity to reflect both on the meaning of the constitutional principles that characterize Italy’s position in the face of war, having embraced a clear pacifist philosophy in Art. 11 of the Constitution, and on the way in which a legal system reacts to war at the level of the sources of law, observing in conclusion how there is a close link between these two profiles, since the formal and procedural aspects that concern the production of law and the relations between constitutional bodies are directly influenced by principles, above all that of the “repudiation of war”
L’attualità del fenomeno bellico tra principi supremi e assetto delle fonti. L’ordinamento italiano di fronte alla guerra in Ucraina
Antonello Lo Calzo
2023-01-01
Abstract
The outbreak of the conflict between Russia and Ukraine has brought war back to Europe after years. War is a phenomenon that profoundly affects legal categories, and the Italian legal system does not escape this impact. The most recent events are an opportunity to reflect both on the meaning of the constitutional principles that characterize Italy’s position in the face of war, having embraced a clear pacifist philosophy in Art. 11 of the Constitution, and on the way in which a legal system reacts to war at the level of the sources of law, observing in conclusion how there is a close link between these two profiles, since the formal and procedural aspects that concern the production of law and the relations between constitutional bodies are directly influenced by principles, above all that of the “repudiation of war”I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
