Il principio d'irretroattività preso sul serio

• Autores: Andrea Pugiotto
• Localización: Quaderni costituzionali, ISSN 0392-6664, Nº 2, 2017, págs. 449-469
• Idioma: italiano
• Títulos paralelos:
  • Taking Non-retroactivity Seriously
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• Resumen

  • In most constitutional law textbooks, the phenomenon known as retroactivity of the law is dealt with as a problem of general theory of legal sources, as a diachronic relationship between two norms. This approach however obscures a different reality: the ample legislative discretion allowed on the legal value to be assigned to previous material acts and facts, which requires the judge to re-evaluate them on the basis of a previously inexistent norm. From this perspective, the problem of the temporal succession of laws ceases to be a strictly legal question and becomes a question of rights - a key question of legal politics. The article identifies limits to the manipulation of legislative time that seem urgently needed vis a vis a constitutional case law that is today too inconsistent on the issue.