The Principle of Legitimacy in Italian Judicial System, the Possible Inspiration for Albania

Abstract

About the principle of legitimacy can be discussed in two distinct perspectives: firstly, as an obligation of private subjects to respect the law and secondly, as a limit in exercising the public sovereignty. The point in which the two perspectives are different is the form of system that in liberal places the law is for the privates the external limit of their activated autonomy, which can be easily explained according to this idea: “Everything which is not prohibited is right” (article 5 of Universal Declaration of Human Rights and Citizens, 1789), in the other hand, for the public authorities the law represents the title and the base for exercising their sovereignty. Legitimacy, according to the first group, is the guaranty of the liberty against the public and private interferes in their known independency field, and for the second, it is a fact, a condition of their activities. The absent of the law forces the sovereignty of the aliens and decreases the power of public authorities by preventing them to enter into the citizens sphere. The principle of the legitimacy is directly interested in the relation authority-liberty, which characterizes historically the different forms of States, by enumerating the origin of the absolute state, established by the volition of the monarch, and the liberal state, established over the power of law and its subjectivism over public and private power.

DOI: 10.5901/ajis.2015.v4n3p241