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Questions and Answers
What is the primary characteristic of democracy as described?
What is the primary characteristic of democracy as described?
According to the content, what is legality fundamentally related to?
According to the content, what is legality fundamentally related to?
What does formal equality as recognized in the constitution entail?
What does formal equality as recognized in the constitution entail?
What is one of the commitments of the State regarding equality?
What is one of the commitments of the State regarding equality?
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What mechanism is in place to prevent abuse among different powers in the state?
What mechanism is in place to prevent abuse among different powers in the state?
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Which of the following explains the concept of substantial equality?
Which of the following explains the concept of substantial equality?
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Which statement reflects a legitimate majority decision in a democracy?
Which statement reflects a legitimate majority decision in a democracy?
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What does the division of powers aim to achieve within a constitutional system?
What does the division of powers aim to achieve within a constitutional system?
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What does the concept of reasonableness serve as a criterion for?
What does the concept of reasonableness serve as a criterion for?
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Which source of law is at the highest level of the hierarchy?
Which source of law is at the highest level of the hierarchy?
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What can a primary source of law establish?
What can a primary source of law establish?
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Which of the following is classified as a secondary source of law?
Which of the following is classified as a secondary source of law?
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What does the hierarchy of sources indicate about the force of a law?
What does the hierarchy of sources indicate about the force of a law?
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What happens if a source of law violates the established hierarchy?
What happens if a source of law violates the established hierarchy?
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Which source has the same rank as parliamentary regulations?
Which source has the same rank as parliamentary regulations?
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Which term best describes the collection of principles and regulations from the EU?
Which term best describes the collection of principles and regulations from the EU?
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What is the significance of the Constitution in the hierarchy of sources?
What is the significance of the Constitution in the hierarchy of sources?
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Which article of the Constitution outlines the rigid nature of its amendment?
Which article of the Constitution outlines the rigid nature of its amendment?
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What does the Constitutional Court ensure regarding laws?
What does the Constitutional Court ensure regarding laws?
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Which principle dictates EU intervention only when objectives cannot be achieved by Member States?
Which principle dictates EU intervention only when objectives cannot be achieved by Member States?
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According to the content, what is the relationship between European norms and national laws in case of a conflict?
According to the content, what is the relationship between European norms and national laws in case of a conflict?
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What do regulations issued by the European Union achieve?
What do regulations issued by the European Union achieve?
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Which statement about the civil code versus the Constitution is accurate?
Which statement about the civil code versus the Constitution is accurate?
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What does the Principle of Attribution specify about the European Union's powers?
What does the Principle of Attribution specify about the European Union's powers?
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What is the primary role of a legal rule in relation to a principle?
What is the primary role of a legal rule in relation to a principle?
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How does the principle of protecting health unify various legal rules?
How does the principle of protecting health unify various legal rules?
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What does reasonableness refer to in the context of balancing principles?
What does reasonableness refer to in the context of balancing principles?
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What characterizes the relationship between rules and principles in a constitutional order?
What characterizes the relationship between rules and principles in a constitutional order?
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What does balancing principles involve?
What does balancing principles involve?
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Which of the following reflects the concept of the legal system being open?
Which of the following reflects the concept of the legal system being open?
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Which statement best describes the connection between law and culture?
Which statement best describes the connection between law and culture?
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What is a consequence of a legal rule that aligns with a principle?
What is a consequence of a legal rule that aligns with a principle?
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What is the primary constitutional principle recognized by Italian constitutional law?
What is the primary constitutional principle recognized by Italian constitutional law?
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Which of the following best describes the concept of personalism?
Which of the following best describes the concept of personalism?
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How do national, European, and international law interact within the legal system?
How do national, European, and international law interact within the legal system?
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Which of the following principles is NOT mentioned as fundamental in the document?
Which of the following principles is NOT mentioned as fundamental in the document?
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What role do social formations play according to the content?
What role do social formations play according to the content?
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What does the principle of solidarity entail in the context of constitutional law?
What does the principle of solidarity entail in the context of constitutional law?
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Which document is considered to acknowledge the normative value of international agreements?
Which document is considered to acknowledge the normative value of international agreements?
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What is the significance of the principle of equality within the legal system?
What is the significance of the principle of equality within the legal system?
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What is the requirement for a directive to be considered directly applicable?
What is the requirement for a directive to be considered directly applicable?
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What distinguishes vertical effectiveness from horizontal effectiveness of directives?
What distinguishes vertical effectiveness from horizontal effectiveness of directives?
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What role does the European Court of Justice play in European law?
What role does the European Court of Justice play in European law?
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In which area does regional law primarily hold legislative power?
In which area does regional law primarily hold legislative power?
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What constitutes a valid custom in relation to laws?
What constitutes a valid custom in relation to laws?
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What is the characteristic element defining a custom's legitimacy?
What is the characteristic element defining a custom's legitimacy?
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Which of the following correctly identifies the hierarchy of international sources?
Which of the following correctly identifies the hierarchy of international sources?
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What condition must international treaties meet to be valid in a country?
What condition must international treaties meet to be valid in a country?
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Study Notes
Law, Bioethics, and Human Rights - Part I
- This is a lecture series on the subject matter of law, bioethics, and human rights.
- The course is taught by Professor Ettore William Di Mauro.
- It's broken down into parts, with the material provided here being Part I.
Social Reality and Legal System - Norms and Behavior
- Norms are commands or external impositions that guide human actions.
- Behavior is a human act.
- The function of norms is to evaluate human behavior.
- Behaviors are judged as just/unjust, moral/immoral, lawful/unlawful.
- Each norm is linked to a rule, with various examples including conduct rules (e.g., marriage), organization rules (e.g., company meetings), and validity rules (e.g., contract nullification).
Behavior Evaluation Presumes Knowledge of Rules
- Legal rules are crucial for civil coexistence.
- The combination of legal rules and principles creates a complex, hierarchical legal system.
- Legal rules are enforced via positive (e.g. investment incentives) and negative sanctions (e.g., imprisonment, compensation).
Ius, Morality, and Non-Juridical Rules
- Legal rules are intertwined with ethics, economics, religion, and sociology.
- Distinguishing legal rules from social or moral rules is challenging.
- Ius (law) is distinct but has a moral component.
- Ius prevents and resolves social conflicts.
- Community moral consensus is crucial for law's effectiveness.
- Law and morality are complementary concepts.
Legal Language and Common Language
- Legal language often differs from everyday language.
- Specialized legal terms (e.g., "person," "individual," "interest," "promise") have specific meanings.
- This leads to nuances known as legal qualifications.
Legal Rule, Article, Norm - Rules and Principles as Norms
- Legal rules are statements part of the source of law (e.g., legal articles).
- Legal articles are parts of a law's internal structure/partitions (e.g., Article 1 of the Universal Declaration of Human Rights).
- Laws are structured into numerous articles, paragraphs and subparagraphs for clarity, for which a hierarchy of norms exists.
- Ius (law) presumes the existence of norms, rules, and principles.
Legal Norm (Norma Giuridica)
- A legal norm is created through the combination of a legal rule and interpretation.
- To understand a legal norm, apply the if-then (if A, then B) structure: A (actual situation) leads to B (legal effects).
-Example: Article 896 of Civil Code (c.c.) about tree roots.
Legal Rules and Principles
- Legal rules require specific behaviors for satisfaction (all-or-nothing).
- Legal principles aim for an optimal value realization, often flexible and open-ended.
- An example of this would be a principle that focuses on protecting health (e.g., vaccination requirements).
Each Legal Rule Is Attributable to at Least One Principle
- Legal rules derive from (and relate to) principles
- Rules provide ways to achieve principles.
- A principle connects rules to a common value.
- No rule exists in isolation from a related principle.
The Legal System is Open
- In a constitutional framework, all rules must align with constitutional principles.
- The legal system is open, constrained by rules for legislative production and the Constitution.
- There is a plurality of rules and principles corresponding to a plurality of values.
- Law is entwined with cultural values relevant to common living.
The Balance of Principles
- Balancing competing principles is necessary when dealing with legal cases.
- The balancing criterion is reasonableness.
- Reasonableness determines the application of an appropriate rule within the legal system.
Reasonableness
- Reasonableness embodies an inherent preference for applying legal rules.
- The underpinning value of reasonableness lies in the person (Article 2 of the Constitution).
The Sources of Law
- Sources of law are acts or facts deemed legally relevant for creating, changing, or removing legal norms.
- Sources are identified through other sources, forming a hierarchical chain.
- This hierarchy is principled, with the Constitution at the top.
The Hierarchy of Sources of Law
- List of sources includes: Constitutional sources, European sources, Primary sources, Secondary sources, and Tertiary sources.
- This hierarchy is important because it establishes a precedence and order across different forms of laws, ensuring the consistent application of laws.
The Constitution
- The Constitution is at the top of the legal hierarchy.
- Constitutional norms (principles, rules) apply directly.
- The Constitution is "rigid;" specific procedures are required to amend it.
- The republican form of government cannot be altered.
Sources of European Union Law
- European Union sources (treaties, principles, regulations, directives) often take precedence over national laws.
- European laws must also comply with the nation's fundamental principles.
- European and national sources form a unitary whole.
European Union Competence
- The EU's competences are limited based on the principles of subsidiarity and attribution.
- Subsidiarity: the EU acts only when member states cannot sufficiently achieve goals.
- Attribution: the EU can only act within areas specifically assigned by member states.
Regulations and Directives
- Regulations are mandatory, directly applicable in all EU member states.
- Directives require national implementation; if a nation fails to implement a directive properly the EU can hold the nation accountable.
Regional Laws and Customs
- Regional laws apply to areas not reserved by the constitution to the state.
- Customs result from repeated or consistent behaviors (usus) with a conviction that the behavior is legally necessary (opinio iuris), which is enforced via law or regulations.
International Sources
- International customs rank high, comparable to constitutional norms.
- International treaties are binding within a country once ratified.
- International agreements must not contravene the principles of the Constitution.
- Examples of international treaties include ones on UN, Universal Declaration of Human Rights
Fundamental Principles
- Key foundational principles (personalism, solidarity, democracy, legality and division of power, equality) form the legal framework.
Personalism and Solidarity
- Personalism and solidarity are intertwined.
- The recognition of the human person underpins the legal system; it influences all legal processes.
Democracy
- Democracy demands free deliberations with majority rule and freedom of the individuals vote.
- Democracy's basis rests on principles of equality and individual personhood.
- Free participation from every individual is paramount to a democratic state.
Legality and Division of Powers
- Legality is adherence to the law and respect for the legal system.
- The division of powers prevents abuse.
- The separation of powers ensures that different branches of government have designated roles.
- This separation of powers among three branches (executive, legislative, and judicial) is critical.
Equality
- Equality is a fundamental principle, prohibiting discrimination.
- Formal equality: equality before the law regardless of background/identity.
- Substantial equality: ensuring everyone has equal opportunities and addressing barriers to opportunities.
- Equality ensures full development of the human person.
Equality is Violated
- Inequality occurs when equal situations are treated differently, or when unequal situations are treated equally.
- Correcting inequality is a duty of the state.
Equality Applications
- Applications of equality principle in different situations, some of which include: equality and surrogacy, embryo treatment, and same-sex families.
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Description
Explore the intersection of law, bioethics, and human rights in this illuminating lecture. Taught by Professor Ettore William Di Mauro, this first part introduces essential norms and the evaluation of human behavior. Understand how legal rules shape societal conduct and morality.
