Democrazia e Diritti Sociali (Jun 2024)
Calamandrei, l’avvocatura e la funzione pubblica del processo
Abstract
Piero Calamandrei has been one of the most prominent figures of the 19th century in the study and in the practice of law. His legal thought can be fully appreciated only keeping into consideration the two fundamental aspects of his career: the academic investigation and his activity as a lawyer, the theoretical speculation on the legal doctrine and his legal practice meant in its most noble intent of search for justice. Since his earliest university works, it emerges Calamandrei’s constant desire to go beyond the formalism of the legal process, the inclination to see in the rules of the trial not only the technicalities necessary to the correct development of the procedure but a way through which respect for legality and legal certainty are granted. Lastly, with the end of World War II and of the Fascist dictatorship, Piero Calamandrei will recognize in the trial the most appropriate instrument to realize a new legality in substantive terms which is necessary to grant the effective implementation of the Constitutional rights and freedoms
