
The local governments approve ordinances in which it is decided that certain fundamental rights are limited or optimized in attention to collective goods whose protection is within their competence. From the critical analysis of the regulatory space that the power of the Ordinance in fundamental matters occupies in praxis, it would be possible to induce some general guidelines. Based on this analysis, this work aims to formulate a canon, not only descriptive but also prescriptive, on the presuppositions, requirements and functionality of the Ordinance, according to which it is considered a "ponderative" (even "optimizing") decision, of "singular adjustment", and regulating "essential" aspects of fundamental rights. The validity of the proposed canon results from its contrasted conformity with the source system and with the primary constitutional decisions. It would not be the only pos...read more