Politica e tecnica nella produzione normativa

Politics and technique in rule-making

Abstract

The traditional paradigms of rule-making, which hinge on political law, increasingly show their inadequacy in the real world. Indeed, the growing weight assumed by technique in rule-making is an evident sign of this. After proposing a systematization of the complex relationship between politics and technique, based on the degree of intrusiveness of the latter with respect to the former, the essay strives to pinpoint a model of standardization (defined as evidence-based) which integrates technique into the normative paradigm while maintaining the centrality of the political decision-maker. From a legal standpoint, the Author believes this model could be the answer to the dilemma of complexity, which affects also to the sources of law’s system.