Ex facto oritur ius? Potere costituente e ordinamenti giuridici. Considerazioni intorno a “Fault Lines of Globalization” di Hans Lindahl

Abstract

This paper aims at discussing and scrutinizing some theses constitutive of Hans Lindahl’s book Fault Lines of Globalization. Particular attention will be devoted, firstly, to the issue of boundaries, limits and fault lines and to the related question as to how one has to understand the distinction between a weak and a strong dimension of a-legality. As to the latter, a critical investigation will be deployed concentrating on the instance of secession. In the last section of the paper, I will discuss some cases in which the role of jurisprudential interpretation will emerge as extremely relevant for a thorough comprehension of legal orders’ transformation.

Keywords: Lindahl, A-legality, Boundaries, Legal orders, Schmitt.