The essay proposes a reflection of relationships between the law-decrees and urgent Government orders, having particular regard to how the issue has been addressed in the Constituent Assembly and its evolution in the practice developed by Republican executive experience and the newer, subsequent allocation of power to the Head of Department of Civil Protection (Decree Law no. 59/2012). According to this analysis, therefore, will be retraced the dogmatic attempts of the power to order between theories of constitutional validity and the sources of law system reconstructions, trying to isolate the "distortions" of the practice, to contextualize the phenomenon in the broader evolution of the standard-setting instruments in the crisis context and, finally, to support the full constitutionality recognition of Government extra power ordinem within the contemporary pluralistic systems.
Il rapporto tra ordinanze del Governo e decreti-legge alla luce della prassi più recente e delle modifiche ordinamentali del potere extra ordinem / Andrea Cardone. - In: OSSERVATORIO SULLE FONTI. - ISSN 2038-5633. - ELETTRONICO. - (2016), pp. 1-32.
Il rapporto tra ordinanze del Governo e decreti-legge alla luce della prassi più recente e delle modifiche ordinamentali del potere extra ordinem
Andrea Cardone
2016
Abstract
The essay proposes a reflection of relationships between the law-decrees and urgent Government orders, having particular regard to how the issue has been addressed in the Constituent Assembly and its evolution in the practice developed by Republican executive experience and the newer, subsequent allocation of power to the Head of Department of Civil Protection (Decree Law no. 59/2012). According to this analysis, therefore, will be retraced the dogmatic attempts of the power to order between theories of constitutional validity and the sources of law system reconstructions, trying to isolate the "distortions" of the practice, to contextualize the phenomenon in the broader evolution of the standard-setting instruments in the crisis context and, finally, to support the full constitutionality recognition of Government extra power ordinem within the contemporary pluralistic systems.I documenti in FLORE sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



