This thesis analyzes the phenomenon of normative hypertrophy. It starts from the observation of an asymmetry between underregulated areas and others characterized by an excess of regulation, and examines how the latter affects the coherence, intelligibility, and cognoscibility of the law. From a conceptual perspective, the research proposes a systematic reconstruction of the notion of normative hypertrophy, distinguishing it from related categories such as legislative inflation, and identifies its structural conditions: diversity of sources, constant amendments, and complexity of normative provisions. It also analyzes its effects on the functioning of legal systems, particularly in relation to phenomena of redundancy and antinomies, as well as its impact on the knowledge of the law, highlighting how the increase in normative complexity raises the cognitive burden on addressees and undermines principles such as legal certainty and predictability. Overall, the thesis argues for the need to conceptualize normative hypertrophy as an autonomous category in order to critically understand the contemporary functioning of the law.
La hipertrofia normativa. Aspectos teóricos y problemas prácticos en el sector urbanístico.
BOADA PEREZ, YUNEISY
2026
Abstract
This thesis analyzes the phenomenon of normative hypertrophy. It starts from the observation of an asymmetry between underregulated areas and others characterized by an excess of regulation, and examines how the latter affects the coherence, intelligibility, and cognoscibility of the law. From a conceptual perspective, the research proposes a systematic reconstruction of the notion of normative hypertrophy, distinguishing it from related categories such as legislative inflation, and identifies its structural conditions: diversity of sources, constant amendments, and complexity of normative provisions. It also analyzes its effects on the functioning of legal systems, particularly in relation to phenomena of redundancy and antinomies, as well as its impact on the knowledge of the law, highlighting how the increase in normative complexity raises the cognitive burden on addressees and undermines principles such as legal certainty and predictability. Overall, the thesis argues for the need to conceptualize normative hypertrophy as an autonomous category in order to critically understand the contemporary functioning of the law.| File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14242/372722
URN:NBN:IT:UNIGE-372722