La regola dell’eccezione. La posta in gioco nella gestione dell’emergenza pandemica

The rule and the exception. What is at stake in ruling the pandemic emergency

Abstract

This article supports the idea that the external and internal nature of the State of exception needs to be reconsidered in the light of the recent changes in the Western public space. Consequently a thorough legislation on the State of exception needs to be introduced. The Author believes that this issue can no longer be postponed, and he analyses how the pandemic crisis was managed by the Italian government in a comparative perspective. As is the case in other critical times in history, legal doctrine plays a key role.

Keywords: Basis of Legal System; Emergency Decree; Legal Decisionism; Pure Theory of Law; State of exception; Weimar Republic.