Law, technology and risk: the precautionary principle in the environmental field
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Abstract
The factor that currently drives and determines the public functions in the area of prevention and correction of risk is the existence of an alleged event of scientific and technical nature which is beyond the control of the Public Administration and whose direct ownership is under the control of specialised private parties, professionals or in the hands of the market. The legal system becomes more procedural and formalistic but also more principlist and finalist. The latter are the issues that characterise a law more result-oriented rather than input-oriented. The greatest weakness of the principle of legality is more intense in cases of serious risks and unknown, due to the emergence of the precautionary principle as an enabling clause for exceptional measures against environmental and industrial risks.
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