Giuseppe Ugo Rescigno

Communication, Comprehension and Interpretation of Law

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The text deals with the following themes: Constitutional Court Sentence No. 208 of 2009; the so-called constitutionally-oriented interpretation; communication, comprehension, agreement, disagreement, decision; the activity of interpretation as possible medium between communication and comprehension; whether interpretation and comprehension sometimes coincide; how to reply to the question: How long is the term of office of the President of the Republic? How to reply to the question: Quid juris if the term of the President of the Republic expires in the seventh year and a new President has not been elected? How to reply to the question: How many senators with lifelong terms of office can be appointed by the President of the Republic? 'Linguistic games' in the 'grammar' of law; some fixed points in linguistic games in law; what the Constitutional Court can and cannot do and what ordinary judges can and cannot do with respect to the words of the Constitution and of formal law: a) living law, b) interpretative sentences, c) manipulative sentences other than interpretative sentences; the distinction between interpretative sentences and other manipulative sentences; two possible investigations into the powers of ordinary judges with regard to Italian laws contrary to EU law, and of the administrative judge vis-à-vis unlawful regulations.

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