Articles
Transnational Legal Approaches to Administrative Law: Conceptualizing Public Contracts in Globalization
Globalization poses challenges to the theory of administrative law. These consist in the growing disconnect between administrative law and the nation-state, the continuous close interaction, and at times fusion, of domestic and international administrative law and action, the migration of administrative law ideas across legal orders, and the incremental dissolution of the public-private divide. With
Reasonableness as a Standard of Judicial Review: Comparative, European and International Perspectives
In national civil and common law systems, the principle of reasonableness is known as a standard of judicial review for administrative acts. The present article examines whether at the European and international level too a principle of reasonableness is used as a standard against which (quasi-) judicial bodies scrutinize administrative acts. It is argued that
Individual, Person and Constitution
This essay starts from a depiction of the crisis of the liberal legal State in accordance with the theses of Romano and Capograssi, and then identifies the distinctive features of the constitutional State: the sovereignty of the constitution as, first, the foundation of rights, the value of jurisdiction in implementing the costitution, and the supranational dimension of
Debate
Legal Research in Germany: A Further Invitation to Discuss
The reading of the German Council of Science and Humanities Report provides an opportunity for a comparison between legal scholarship in Germany and in Italy, and to discuss new ideas for the organization of legal studies and perspectives of research. The need for a comprehensive dialogue between foundational subjects and doctrinal subjects, reaffirmed in the
Legal Research in Germany: Enlarging the field of legal studies
The report of Wissenschaftsrat offers a new perspective on theoretical views of legal scholarship in Germany. Developing the ideas of this paper, it is possible to redefine the scientific field and the purpose of legal studies. A more comprehensive knowledge of legal matters requires new research on foundational subjects: the constitution of law, its historical,
Legal Research in Germany: A View from Italy
The Author agrees with the critical analysis and the proposals of the Wissenschaftsrat Report. Nevertheless, he observes that the Report points out some critical situations but does not examine their causes in depth. Moreover, he asserts that similar phenomena exist, in an enhanced form, in the Italian experience.
Review
Promotion of Competition and Judicial Review: the Case of Local Public Services
The unstable regulation of local public services raises a constitutional challenge: how to bring innovation, in consultation with the various tiers of government, into a key sector for economic development. The 2008-2009 reform established the principle of competition within the field and curbed the operation of services through in-house public utilities. Cities feel that they
Documents
Final Report
Final Report of the Ministerial Commission for the Enhancement of Cultural Heritage in Italy. Please find the text here.