Giulio Salerno

A General and Simple Theory to Establish the Imposed Punishment

Starting from the standard concepts related to the utility function of the agents, we build a general theory on the imposed punishment. This general theory can be theoretically applied to every situation in which a rule is violated, and it can be directly applied to crimes that can be easily monetized. Indeed, we show that the “expected punishment” has to exceed (but has to be commensurate with) the maximum utility gain that can be obtained from the violation of the rule. Therefore, the required imposed punishment can be quantified dividing the gain that can be obtained from the violations with the probability that the violation is discovered. We find that, in order to reduce the delinquency rate, the regulator can: (i) improve the “social responsibility” or increase the “social stigma”; (ii) improve the probability of discovering the violations; (iii) increase the punishment of the discovered criminal. Every choice has costs and benefits. The increased punishment for the discovered criminals is probably the least expensive choice, but it is the least socially fair.

Dopo la norma costituzionale sul pareggio del bilancio: vincoli e limiti all'autonomia finanziaria delle Regioni

A plurality of state laws invoke reasons of budgetary constraints to condition the activities of the Region and of the municipalities. These constraints are analyzed in this article by distinguishing between constraints that are linked to the overall constitutional system and constraints that have a direct financial implication. The article then analyzes the jurisprudence of the Constitutional Court to identify its major trend. Finally, by taking into account the recent constitutional reform introducing a balanced budget requirement in the Constitution, the article advances a possible way to rationalize the abovementioned limits and constraints.

Implementation and Revision of the Italian Constitution Since the 1990s

This article describes the evolution of the Italian Constitution since 1990. A distinction is made between a “rigid” Constitution and an applied or “living” Constitution. Laws that have constitutional status and their limits are also examined. Moreover, the changing destiny of the various “seasons of reform” of the Constitution and the long road towards the “implemental” integration of the Constitution is also discussed. Finally, the role of the Constitutional Court in relation to the Constitution and as the “guarantor of the constitutional conformity” of the entire legal system is explained.