The article is focused on the change of the role of judge. In the past, it was law itself - symbol of the supreme power - that ruled the society. On the contrary, at the moment, the legislative power is put in a critical position by the pluralism of sources and entities that can produce rules (international, sovranational, foreign, customary). In this domain, the jurisprudence is the cornerstone of legal system. This perspective has two consequences: firstly, the interpretation of law is more important than its production, secondly, the customs prevail over the rule.
La funzione del giudice nel crescente processo di osmosi fra ordinamenti: spunti di riflessione
CECCHERINI, ELEONORA
2011-01-01
Abstract
The article is focused on the change of the role of judge. In the past, it was law itself - symbol of the supreme power - that ruled the society. On the contrary, at the moment, the legislative power is put in a critical position by the pluralism of sources and entities that can produce rules (international, sovranational, foreign, customary). In this domain, the jurisprudence is the cornerstone of legal system. This perspective has two consequences: firstly, the interpretation of law is more important than its production, secondly, the customs prevail over the rule.
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