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THE LAW OF INTEGRATION: AN INTRODUCTION

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Author(s): Ignazio Maria MARINO | Giovanni Fabio LICATA

Journal: Transylvanian Review of Administrative Sciences
ISSN 1842-2845

Volume: 28;
Start page: 236;
Date: 2009;
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Keywords: globalization | law | democracy | legal | Public Administration

ABSTRACT
The paper deals with the consequences of globalization on Law and democracy. In fact, its main idea is to (re)think in a fresh way the legal reasoning for promoting (the good) Law as an instrument apt to solve the problems of our times.The paper recognizes that in the globalization era is constantly emerging a legal framework which expresses a fundamental importance for human rights. Several international norms, as treaties or conventions, as well as courts’ rulings, offer a positive reference for these rights. Indeed, departing from simple basic needs this international consensus is proposing a new kind of consistency for human rights, which have now gained a more comprehensive dimension for they are grounded in the social and economic fields.The Law of Integration considers those economic and social rights as a framework which has legally and necessarily to be taken into account when promoting any kind of reasoning about Law. Important consequences follow this path and the paper briefly considers them: the role of State and State’s interest; the distinction between public and private Law; the effective conception of democracy.Yet the fundamental argument of the paper is that the most important feature of Law remains, even in the globalization era, what it is for rather than how present itself. In this perspective are also analyzed some consequences for the role and the function of the Public Administration. Law is for people and all the efforts need to be (re)located in this fundamental direction.
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