Le prevedibili gravi conseguenze causate dalla pandemia virale sollecita di nuovo l'attenzione giuridica sulla origine "endogena" del cosiddetto "stato di necessità" anche nell'ambito del vigente ordinamento informato ai principi-valori della Costituzione "rigida"

Abstract

The writer is well aware that the topic identified for this work is, and so is characterized, of extreme difficulty but the interest that aroused his attention consists in having deduced from the study of recent legal writings (better technical-juridical) how there is a direct "line of argument" in doctrine (and not only) between reconstructions (at times suffered in terms of general theory) elaborated in doctrine (although undoubtedly authoritative) in the pre-constitutional era, in a considerably different political regime, and the problematic perspectives of the post-constitutional doctrine, as if one were in the presence of a mere conceptual "traslatio" from the old historical (liberal monarchical) regime in what, reacting to the latter, rests on principles and values consecrated in the Constitution.