The inability to determine a priori the contents of the secret state , in the past variously discussed emerging through the formula of political interest can be said , therefore , the origin of survival in today's law and the implementing regulation , aimed at extending the formulas the discretion of the competent body in the affixation of the bond to protect the interests indicated . The redefinition of the limits of the materials and functional state secret in the reform law is obviously intended to remain unimplemented , if not associated with the implementation of an effective system of controls. The thema of judgment decidendum activated following the commencement of the conflict of powers can not therefore be said to be limited , with regard to functional limitations , the evaluation of external unreasonableness of the order confirmation , nor , as far as the material limits , may be regarded as precluded ' assessment of the legitimate work of the limit of the facts subversive
La Corte costituzionale e gli arcana imperii / Rinaldi, Eleonora. - In: DIRITTO E SOCIETÀ. - ISSN 0391-7428. - 1:(2010), pp. 141-199.
La Corte costituzionale e gli arcana imperii
RINALDI, ELEONORA
2010
Abstract
The inability to determine a priori the contents of the secret state , in the past variously discussed emerging through the formula of political interest can be said , therefore , the origin of survival in today's law and the implementing regulation , aimed at extending the formulas the discretion of the competent body in the affixation of the bond to protect the interests indicated . The redefinition of the limits of the materials and functional state secret in the reform law is obviously intended to remain unimplemented , if not associated with the implementation of an effective system of controls. The thema of judgment decidendum activated following the commencement of the conflict of powers can not therefore be said to be limited , with regard to functional limitations , the evaluation of external unreasonableness of the order confirmation , nor , as far as the material limits , may be regarded as precluded ' assessment of the legitimate work of the limit of the facts subversiveI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.