Public law

Flashcards about Public Law course's Vocabulary.

Public Law

The section of law that governs the relationship between individuals and the state.

Law (diritto oggettivo)

Any system of regulations (norms) to govern the conduct of legal persons.

Act (lex)

A new legislation or statute adopted by the legislative branch.

Right (iura)

A privilege, power, or immunity held by a legal person as the result of a legal rule.

Legal Personhood

The attitude to be vested of rights and of duties.

Legal Capacity

The capability of legally acting by exercising rights and assuming duties.

Legal Fact

The natural event that has legal consequences.

Legal Act

Human behaviors that have legal consequences.

Legal Goods

The objects of legal rights or duties.

Legal Rule

The fundamental unit of a legal system.

General (legal rule characteristic)

The legal rule applies to an indefinite number of legal subjects.

Abstract (legal rule characteristic)

The legal rule applies to an indefinite number of situations.

Formal (legal rule characteristic)

The legal rule respects some requisites of form and prescribed procedure.

Positive (legal rule characteristic)

The legal rule expresses a given political decision for the satisfaction of general interests.

Legitimate (legal rule characteristic)

The legal rule must be adopted by the competent authority and be consistent with the limits set in its source.

Forcible-Effective (legal rule characteristic)

The formal capacity of the legal rule to produce its legal effects and be legally enforced.

Prescriptive (legal rule characteristic)

The legal rule prescribes what to do or not do, reconnecting consequences for failure.

Sources of Law

Any act or fact allowed to modify the legal order by introducing, amending, or repealing a legal rule.

Acts-Source of Law

Written acts adopted pursuant to the political will of a legislative authority.

Facts-Source of Law

Human behaviours spontaneously repeated over time with the idea to follow a legal obligation.

On Production (fonti sulla produzione)

A source of law identifying the competent authority, procedure, criteria, and limits of another source of law to be created.

Of Production (di produzione)

A source of law that introduces, modifies, or repeals legal rules.

Source of Cognizance

Provides legal official notice about the legal norms.

Legal Interpretation

An activity aimed at discovering and expounding the intended signification of a legal text.

Disposition

Legal rule, plain words; the legal text.

Norm

The result of an interpretation of a legal disposition used to solve a case.

Authentic Interpretation

Interpretation made by the same lawmaker and is mandatory.

Lacuna

A gap in the legal order without a proper rule to be applied to a case.

Analogia Legis

The judge tries to find the rule in a similar statutory disposition.

Analogia Iuris

The judge has to find the rule in the general principles of the legal order.

Antinomia

A contradiction between two or more different legal rules applicable to a legal case.

Chronological Criterion

Based on 'time' of entering into force.

Repealment

The new rule repeals (abroga) the old one (tempus regit actum).

Hierarchical Criterion

Based on the force of the source of law.

Annulment

The criteria used are different, the effects are different, legal rule of higher level annuls the lower ones.

Criterion of Specialty

Based on general/particular area of application.

Co-Application

Coexistence of two different rules on the same subject, which have different objects.

Criterion of Attribution

Based on the matter of attributed legislative power.

Non-Application

The legal rule won't be applied legal rule that was adopted by a lawmaker that didn’t have the authority to do so.

Retroactive Effect

When a law applies not only to future acts or facts but also to past acts or facts.

Constituent Facts

Extraordinary historical/political events that overthrow the existent Constitution.

Codified Constitution

The unique, fundamental legal act-document, adopted by a formalized constituent power.

Uncodified Constitution

The set of multiple legal rules that shapes an existent system of government, not embodied in a unique document.

Codified Constitutional Amendments

Acts of modifications of the original constitutional text, adopted by a constituted power.

Rigid Constitution

Constitution that prevails hierarchically on the legislative power.

Flexible Constitution

Constitution that doesn't prevail on the statute.

Original Constitution

The constitutional text is interpreted via strict originalism.

Material Constitution

Constitutional text is interpreted by social forces.

Living Constitution

Constitutional text interpreted by supreme courts.

Sham Constitution

Formal constitutional text not shaping a political regime.

International Customs

General repeated behaviours of the States in their relations, accepted as legally binding.

International Treaties

Specific agreements concluded and ratified by the States, legally binding.

Monism Relationship

International law enters automatically into domestic law.

Dualism Relationship

International law is separated from domestic law.

System of Civil Law

A family based on the idea that the judge must apply only the acts of the lawmaker.

System of Common Law

Family based on the idea that the judge must apply also the precedents established by higher judges.

System of Islamic Law

A legal system where the religious precepts written in holy books are sources of state law.

Liberty Rights

Rights related to the abstention of the State towards the citizens.

Political Rights

Rights related to the participation of the State to include citizens who want to be involved.

Social Rights

Rights for which the State intervenes to provide social services.

Economic Rights

Rights relating to the capability to have economic goods or activities.

Absolute Rights

Rights against everyone.

Relative Rights

Rights between parties.

Personal Rights

Rights non-related to a value, non-pecuniary.

Economic Rights

Rights that are pecuniary (related to money).

Legitimate Interests

A qualified expectation to fairness and lawfulness of administrative activity.

Obligations ('inter partes')

Duties between the parties involved.

Responsibilities

Combination between a right and a duty to protect the incompetent.

The State

A body of people politically organised, occupying a territory and sovereign.

People

The set of the persons who have the citizenship of the state.

Sovereignty

The political power to rule and govern stably the given people on the specific territory.

The Autocratic

Form of state whose rule is vested in a single entity that does not recognise the rights of those it rules.

Absolutism

Form of state whose sovereignty is vested in a Monarch without any legal limitation.

Enlightened Absolutism

Form of state that recognized some limited, autonomous rights to those people respecting the absolute power of the monarch.

Authoritarianism

Form of state whose power is state's sovereignty concentrated in a Dictator, military Junta.

The Liberal-Democratic

Form of state a whose core idea is that State’s sovereignty belongs to the Nation or to the people.

The Social-Democratic

Form of state whose core idea is that the State’s sovereignty belongs to the people, social equity.

The Electoral-Autocratic

A 'hybrid regime' that is the result of anocratic and democratic systems.

Theocratic

A state where there is no formal constitutional distinction between the political sphere and the religious sphere.

Socialist State

State whose Sovereignty belongs to the people, and it is exercised in the form of people’s democratic dictatorship.

The Unitary

Form of state the Sovereignty is allocated at national territorial level.

The Regional

Form of state whose Sovereignty at the national territorial level, and the power is distributed between regional and national government.

The Federal

Form of state whose Sovereignty is allocated at national territorial level.

Multilevel

Form of state only applied in the EU; a hybrid between federal and international.

Forms of Government

How the executive and legislative power are organized and distributed.

Parliamentarism

Form of Governance there's a relationship of confidence between the executive and Parliament.

Presidentialism

Form of Governance the Head of the State and Head of the Government are combined.

Chancellor

This system, A chancellor is proposed by the Head of State (not appointed as in parliamentarism).

Semi-Presidentialism

Form of Governance which combines elements of both the Presidential and the Parliamentary forms of government.

Neo-Parliamentarism

Form of Governance That was adopted for the first time by Israhell, combination of presidentialism and parliamentary.

Socialist Republic

Form of Governance where All the power is in the hands of the People’s National Congress.

Ministerial Napoleonic Model

Model of bureaucracy characterized by the concentration of the administrative power in Ministerial bodies.

Ministerial Welfare Model

Model of beuracracy Distribution of the administrative power in bodies + Public Service’s Bodies.

Managerial Model

Bureacratic Model the administrative power is distributed among multiple public administration bodies organized in different ways.

Equality principle

the state of being equal, especially in status, rights, or opportunities.

Equality principle as 'equal justice under the law'

no different legal systems and statuses inside the national society.

System of Court: Unique judiciary

There's only one judiciary system, organized in higher/lower courts and in different divisions.

System of Court: Multiple judiciary

There are two or more separated judiciary systems in parallel & NOT a distinction upon higher/lower courts.

Model of Court: Ordinary courts

Internally organized in specialized divisions.

Model of Court: Specialized courts

They differ from the ordinary courts in the selection of judges/ court panels composed by non-trained law.