Record Details

The Law of Integration: An Introduction

Transylvanian Review of Administrative Sciences

View Archive Info
 
 
Field Value
 
Title The Law of Integration: An Introduction
 
Creator MARINO, Ignazio Maria; Professor of Administrative Law, University of Catania, Italy;
Director of the European PhD Program in Administrative Law
LICATA, Giovanni Fabio; PhD in Administrative Law, University of Catania 2006; LLM, New York University School of Law, 2008
 
Subject —
 
Description The paper deals with the consequences of  globalization on Law and democracy. In fact, its  main idea is to (re)think in a fresh way the legal  reasoning for promoting (the good) Law as an  instrument apt to solve the problems of our times. The paper recognizes that in the globalization  era is constantly emerging a legal framework which  expresses a fundamental importance for human  rights. Several international norms, as treaties  or conventions, as well as courts’ rulings, offer  a positive reference for these rights. Indeed,  departing from simple basic needs this international  consensus is proposing a new kind of consistency  for human rights, which have now gained a more  comprehensive dimension for they are grounded  in the social and economic  fi elds.  The Law of Integration considers those  economic and social rights as a framework which  has legally and necessarily to be taken into account  when promoting any kind of reasoning about Law.  Important consequences follow this path and the  paper brie fl y considers them: the role of State and  State’s interest; the distinction between public and  private Law; the effective conception of democracy. Yet the fundamental argument of the paper  is that the most important feature of Law remains,  even in the globalization era, what it is for rather  than how present itself. In this perspective are also  analyzed some consequences for the role and the  function of the Public Administration. Law is for  people and all the efforts need to be (re)located  in this fundamental direction.   
 
Publisher Babes Bolyai University
 
Contributor —
 
Date 2009-12-09
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://rtsa.ro/tras/index.php/tras/article/view/36
 
Source Transylvanian Review of Administrative Sciences; 2009: Issue No. 28 E/Special Issue; 236-248
18422845
 
Language eng
 
Relation http://rtsa.ro/tras/index.php/tras/article/view/36/32
 
Rights Copyright (c) 2014 Transylvanian Review of Administrative Sciences