Interpretation of the legal system:

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             Interpretation of the legal system:
                   

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•To apply the rule of law to the case, it is necessary to ascertain the exact scope and interpret.

•The interpretation of the rule, is understood as a substitution of the will of the legislature from abstract to concrete, from the general to the particular, is always necessary;

•It is well known that the interpretation is the mental operation with which is researching and explaining the meaning of the law. Without this clarification process, would not be possible to apply the rule to the case.

•The process in question is meant for all the laws, because what it is clear to a person, can do not be so for another; the interpreter must not stop at the apparent meaning but must seek the most deep and intimate sense of the provision and the actual scope of it;

•Sometimes it is enough to simply read the norm, because the lexical meaning of the word used by the legislature does not leave any doubt, and excludes any different solution (literal/letteral interpretation or word for word)

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•Sometimes instead, or because the expression is not clear, or because other evidence to suggest that the intention of the legislator is different from that which appears at first sight, it is necessary to go back to the purposes in relation to which the norm was enacted, and coordinate in a systematic order the norm/rule itself with the other rules that concern the entire matter in question (logical interpretation);

•At the conclusion of the process of interpretation, can be that: letteral

a) -the will of legislation coincides with the letter (literal/letteral interpretation);

b) -or the will of legislation is less extensive/wide than the apparent meaning (narrow interpretation);

   c) -or the will of legislation is more wide by the words used (broad interpretation).

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•In all three cases, what should apply always is the true and effective will of the legislator. It must, however, warn/advise that this expression does not necessarily mean the intention of those who participated in the formation of the rule, but the end goal of the law, which consolidates/combines what was in the intentions and opinions of the proponents/supporters and is welcomed in the norm itself

•Out of the cases just examined, there is the so-called analogical inter-pretation: it should be regarded as a form of research of the rule of law to be applied to a case not provided expressly by law.

•By analogy, the interpreter does not create a new rule, but applies to this case the legal norm governing a similar case, assuming that the legislature would have normally regulated the one in question if he had contemplated.

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•In the end, even if the analogical interpretation cannot help, not being able to admit/declare that the legal system has gaps (lacune) or voids (vuoti), the interpreter must recourse to the general principles, the principles that inspired (encouraged) individual rulings (singole statuizioni) of written rules, and that must be respected and applied even in cases that do not have an express (Article 12 pre-leggi).

•Has hitherto spoken of a purely theoretical or doctrinal interpretation of the rule of law (inter-pretazione della norma giuridica): the interpretation that is made by the scholar of the norm is scientific, and not in the exercise of public function.

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•Different is the case of the interpretation made by an organ of the judiciary, which has by law this power: in which case the interpretation called judicial is binding upon the parties once the interpreting judgment (sentenza interpretativa) is passed final (passata in giudicato).

•But can also be that the interpretation of a rule of law is made by the same legislative body (organo legislativo) that has put in place into being, through the enactment of a new law of equal effectiveness. The latter form of interpretation that legislative is binding to all recipients of the norm/standard; and applying to a previous norm/standard, operates retroactively

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