Giuseppe Ugo Rescigno

Hierarchy and Competence, between Normative Acts, between Norms

  • Abstract

Informations and abstract


The text deals with the following themes: the levels of discourse and the distinction between types of act and single acts forming part of the type; the steadfast points for establishing the distinction between hierarchy and competence in terms of the types of normative act; the necessary hierarchy, if there is a system, between original act providing for one or more normative acts and the normative acts provided by the former; schemes of relation between normative acts (and between norms contained in distinct normative acts), and among these a possible second form of hierarchy; relations between the different schemes of relation among normative acts first described; the differences from several viewpoints between the different criteria for deciding about the validity or being in force of the normative acts and the norms; differences between 'logical' hierarchy (or 'between normative acts' or 'original') and 'normative' hierarchy (or 'between norms' or 'derivative'); in principle, apart from the necessary supremacy of the act that attributes normative competencies, is a system governed only by chronological and competence criteria thinkable; the Italian system also knows normative hierarchy (or between norms or derivative); relations between normative acts more complicated with respect to pure or basic criteria (chronological, hierarchic or based on competence): reserve, circumscribed hierarchy, the principle of subsidiariety (variable competence), concurrent regional law; more on the two forms of hierarchy, i.e. hierarchy among normative acts (original) and hierarchy among norm (derivative); on the opportuneness of keeping the same word 'hierarchy' for the two forms; criterion of competence and antinomies.

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