The sense of (legal) limits: from states to global governance
Journal title SOCIOLOGIA DEL DIRITTO
Author/s Gianluigi Palombella
Publishing Year 2011 Issue 2010/3 Language Italian
Pages 34 P. 23-56 File size 473 KB
DOI 10.3280/SD2010-003002
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Dealing with the import of law as a ‘limit’ against power, the author addresses the effective role of legal control through the structural legal contemporary transformations. It resumes firstly the import of the most cherished ideal of limitation, the Rule of law, within the realm of State based polities. Then, beyond the State, authority is intertwined with the evolving features of international relations and changes in international law. In a third scenario, global governance supersedes both States and inter-states law, emerging as a newly forged autonomous legality impinging on a multiversum of regional and national orders. Here, the construction of fair engagements among diverse legalities on content based assessments is proposed: rule of law works as a meta-legalities device prompting the confrontation among self referential specialised regimes and the jurisgenerative reasons of the publics involved, thus preventing the most powerful from resorting to an instrumental use of law.
Keywords: Global law, Rule of law, Legal order, International law
Gianluigi Palombella, Il senso dei limiti (giuridici). Dagli Stati alla governance globale in "SOCIOLOGIA DEL DIRITTO " 3/2010, pp 23-56, DOI: 10.3280/SD2010-003002