Rule of law, certezza del diritto e valore del precedente

Rule of law, legal certainty and the value of precedent

Abstract

The article analyses the relationship between the rule of law and precedent from a comparative perspective considering Italian scholarship in the field. After sketching out Dicey’s description of the rule of law, it reviews various interpretations of the concept and how they have balanced the rule of law’s concerns for fundamental rights with predictability. Then it summarizes how precedent is applied in common law jurisdictions within case law, statutory legislation and constitutions,
how pan-European and Italian courts have reconceptualized the role of precedent, and how it now serves to justify legal development. The article wraps up by emphasizing how differently common law and civil law jurisdictions understand precedent and its legal force.