Articles
Benvenuti and the future
The article aims to analyse the significance of Feliciano Benvenuti’s thinking and teaching to the present times. The author believes that Benve- nuti’s thinking has driven several recent changes to administrative law. This is clear if one considers the evolution of the relationship between administrative law and the State, and between such law and the
Benvenuti and the Constitution
In the work of Feliciano Benvenuti, the Constitution is not only the object of specific study, but the very warp of the fabric of his vision of administrative law. The Constitution is also the paradigm of his idea of the law, which is not formalistic but rather experiential. The law is a product of social
Benvenuti and the Europe
The article deals with Feliciano Benvenuti’s visionary contribution to the interpretation of European integration. The paper traces Benvenuti’s intellectual journey to overcome the traditional mindset relating, on one hand, to the conception of the State and, on the other, to the emergence of a supranational form of administration. The enquiry leads to two separate conclusions.
Administration and Society. The «New Citizen»
Horizontal subsidiarity is potentially a very rich principle, as recognized by Article 118 of the Italian Constitution. However, such wealth would be wasted if there were no tools to «translate» its potential into practical effects on the daily workings of our administrative bodies, particularly at the local level. However, fortunately, such tools do exist. The
For the Democracy of Administration: a Body of Thought Running Throughout an Entire Life
A common thread runs throughout the various but tight-knitted fabric of Benvenuti’s legal scholarship: the citizen, with his/her rights, and the admini- stration, as an authority, must «fight» on equal terms. The Italian Constitution provides local authorities with value and powers, particularly at the regional level; however, today, the reality of the Regions is somewhat
Benvenuti and the Potentiality of Utopian Realism
This brief essay examines Feliciano Benvenuti as a man, a researcher and a teacher endowed with multiple human and cultural qualities, and concludes by defining his personality in terms of «utopian realism».
Public Organization and the Scope of Local Government in Benvenuti’s View of Administrative Law
The article aims to provide a comprehensive overview of Benvenuti’s scholarship, focusing on the central role of the organizational perspective and on the theoretical background of regional and local government design. In particular, the author aims to demonstrate that the organizational aspect is crucial in Benvenuti’s view of administrative law, due to its connections with
The Administrative Action between Freedom and Function
On the centenary of Feliciano Benvenuti’s birth, this article analyses his legal scholarship on administrative activity. The article is divided into three parts. The first examines the paradigms of Benvenuti’s thinking, represented principally by personal freedom, a central concept that reverses the traditional idea of the connection between freedom and authority; the republican Con- stitution,
The Teaching of a Master
The author outlines the main features of the scholarship of Feliciano Benvenuti that have particularly contributed to the development of Italian administrative law, in accordance with the constitutional principles of the new democratic system.
Benvenuti and the New Dams in Law
Feliciano Benvenuti made a significant contribution towards the new role of jurists in the second half of the twentieth century. His scholarly path was guided by the idea of democratic reform, which was necessary to implement the republican Constitution (i.e. to look to the past to build new limits safeguarding individual and collective freedoms). Having
Review
The Judges Elected to the Italian Parliament, 1861-2013: Data and Methodology
The purpose of this article is to present the names of and summary statistics relating to the judges elected to Parliament from 1861 until the elections of 2013. The ordinary judges in office, former judges and the administrative judiciary were taken into consideration. Together with the data, methodological issues that a research of this kind
The Remediation of Polluted Sites and the Disputed Status of Public Service
The remediation of contaminated sites is one of the most complex activities in environmental protection, from both a technical and a regulatory point of view. After episodic legislative intervention in the 1980s and 1990s, the provisions of the «Ronchi» decree (Legislative Decree no. 22/1997) and of the «Environmental Code» (Legislative Decree no. 152/2006) were issued,