Articles
The Italian Constitution as an Expression of Legal Post-Modernism
The article examines the Italian Constitution from a historical point ofview. In particular, the author frames the Constitution as an example of legal“post-modernism”, a concept that denotes the process of change and innovationthat characterizes the legal history of the entire 20th century. The ItalianConstitution is thus analyzed as an “act of reason”, capable of expressing
The Duty to Give Reasons in Administrative Decisions
As its starting point, the article takes the general crisis currently besettingthe rule of law, legal certainty and the separation of powers that characterizesour legal system in general, and administrative law in particular; whileretaining on the background the constant oscillation between “form” and“substance” and the demarcation between irregularities and «practicableillegalities» in the context of the
The Different Forms of Supervision Between Administrative Function and Organization
The term “supervision” has been used in national legal acts for sometime, and to an increasing extent. In the past, several scholars of administrativelaw have resorted to such a formulation. However, its content was not (isstill not) easily identifiable. Originally, in a context shared with autarchy,supervision concerned the reports on bureaucratic decentralization, includingthe controls exercised
Local Government and Landscape Planning
The Italian Code for Cultural Goods and Landscape places a great dealof importance on landscape planning. Although the legal framework haschanged significantly since the important Law n. 1497 of 1939, the perspectiveadopted by the Code still reflects the earlier legislation, in that it considerslandscape as a precious but limited aspect of the territory. This conceptionleads
Review
Constitutional Law in Italy 2011
This text provides a brief review of the main constitutional events thatoccurred in the course of 2011. Among these: the crisis of the Berlusconigovernment and the new government led by Mario Monti, the role of thePresident of the Republic, the legislative activity and institutional reforms, therelationship between the State and the Regions and the Constitutional
Administrative Law in Italy 2011
In the year of the 150th anniversary of the Italian Unification, theadministrative system was affected by institutional instability and the economicdownturn. With a view to curbing imbalances in the public finances, threefinancial laws were urgently adopted (the first one by the Monti Cabinet andthe later two by the Berlusconi Cabinet), along with the Annual Stability