Chapter 7: The Constitution and the Law Flashcards
The constitution (role)
The Constitution is a major source of guidance of social life, and laws down an underlying set of rules regarding duties in ethical, social, economic and political relations.
Constitutional rights (definition) (Hint: bond between the state and citizens)
Constitutional rights define relationships between the state and its citizens; there is a totalitarian bond between the state-society, and a libertarian bond individual-state.
Why is the constitution subject to some internal contradictions?
At the end of WWII, at the drafting of the constitution, Italy was influenced by different political parties (communist and libertarian), which is why the constitution is now sometimes contradicting.
It is for this reason that lawmakers decided to go about their business, only applying the constitution superficially.
Three major evolutions of the law (what the law was concerned with).
Over time, the law was seen three major evolutions; at first it was solely concerned with the right of ownership, it later came to encompass the law of obligations, and finally in the 20th century also inalienable rights.