Emergenza e infradiritto. Limiti ai diritti fondamentali, regole di condotta e canoni di interpretazione

Abstract

The rapidity of response that emergencies involve can lead to temporary upsets of the system of sources of law. It may happen that with the sources of law, understood in the common sense, we can observe the use of new forms of law making that cannot be set in the well-known notion of “source of law”. We wonder if these particular forms of legislative production are able to bind citizens and judges called to verify the compliance of conduct. In the light of various theoretical aspects, however, it seems that there are not arguments capable of demonstrating the binding nature of infra-juridical norms, so they can operate in the system only as interpretative tools.