Rule of law vs lex terrae dopo il tramonto dello ius publicum europaeum. L’incerto quadro di riferimento

The article addresses the linkages between the roots of European law and the foundations of constitutional law. The aim is to assess how consistently Public Law borrowed from Private Law and ultimately Roman law. Moreover, by examining the methods and the institutions of Public Law that are still essential thanks to the fact that they were transmitted by the Historical School of Jurisprudence, the article pinponts the substantial elements that are most important in a constitutional system, with specific reference to average and stable observation of rule of law and his consequent effectiveness in contemporary Europe, despite limiting the analysis to traditional concepts relevant at a State level