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  1. On the Role of Normative Hierarchies in Constitutional Reasoning: A Survey of Some Paradigmatic Cases.Orlando Scarcello - 2018 - Ratio Juris 31 (3):346-363.
    This article examines the role of normative hierarchies in constitutional argumentation. A threefold distinction between formal, material, and axiological hierarchy is employed. The correlative concepts of formal validity, material validity, and applicability are also briefly described. Within this framework, four cases are analysed: Decisions 1146/1988 and 10/2010 of the Italian Constitutional Court, and Kadi I and Opinion 2/2013 of the Court of Justice of the European Union. As a result, it is argued that axiological hierarchies are frequently used to reshape (...)
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