A work without author: implied repeal

Author/s Nicola Canzian
Publishing Year 2019 Issue 2019/1 Language Italian
Pages 20 P. 105-124 File size 194 KB
DOI 10.3280/DC2019-001006
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Parliament’s lawmaking power includes the power to repeal laws. However, if a Court cannot reconcile two statutes, the earlier statute is invalidated by the later one. Implied repeal lies between lawmaking and law enforcement, but because of that it may harm legal certainty. The paper aims to identify what the limits are to Court’s power in repealing by implication.

Keywords: Abrogazione, fonti, giudice, certezza, interpretazione, antinomia; repeal, law sources, judge, legal certainty, interpretation, contradiction

Nicola Canzian, Un’opera senza autore: l’abrogazione tacita in "DIRITTO COSTITUZIONALE" 1/2019, pp 105-124, DOI: 10.3280/DC2019-001006