“La grida canta chiaro”…o forse no. Qualche osservazione a partire da un esercizio di interpretazione giuridica

Abstract

The paper deals with the structural vagueness of the legal measures enacted by the Italian legislator to manage the Covid-19 pandemic. Can we demand more certain norms? Is personal liberty taken in due account by the legislator? Starting from these and similar questions, the paper proposes a reconstruction of the law and of the underlying legal ideology of contemporary constitutional States. Unlike the modern State, which was characterized by the authority principle and the value of legal certainty, the contemporary constitutional State seems to be willing to sacrifice authority and certainty on the altar of more justice and flexibility.