Articoli
L’evoluzione costituzionale israeliana nella giurisprudenza della Corte suprema
This paper seeks to provide an up-to-date analysis of the historical role and of the current modalities of Israeli constitutional adjudication. Its drafting was inspired by a recent judgement given by the Israeli Supreme Court that, in its capacity as High Court of Justice, for the first time fully invalidated a law challenged by the applicants as unconstitutional. This is the first new case of judicial review of legislation issued by the Israeli Supreme Court in its new composition under the presidency of Justice Beinisch, after a period of clashes between the powers of the state and of apparent self-restraint on part of the Court. It is easy to see, both from a historical analysis and from the reasoning given in the judgement, the importance of the new case’s ‘systemic’ consequences and its implications for the general constitutional architecture, in the context of a legal system that is still “in search” of a constitution.
Il problema della povertà nel diritto amministrativo
Poverty is a topic to which administrative law scholars do not usually devote much attention. The purpose of this article is to examine the administrative tasks aimed at preventing poverty and at caring for the poor. It is divided in three parts. The first defines the scope of the article, highlighting the relevant issues in an administrative law perspective. The second part concerns the tasks of public administrations related to poverty prevention and citizens’ welfare. The third part is devoted to the tasks relating to the remedies against poverty and to assistance to the poor. The first part includes a number of distinctions; the second and third include an analysis of administrative tasks, based on their individual elements.
Rassegne
Cronache amministrative 2010
For the Italian administrative system, the year 2010 has been one of adjustments and implementation of decisions taken in previous years, rather than one of formulation of new policies and reforms. The main events, described in these Chronicles, are: the enactment of the first “stability law”, after the 2009 reform of public accounts; the delegated legislation issued for the introduction of “fiscal federalism”; the implementation of the European Directive on services in the internal market; the regulations on public procurement and local utilities. Among the most important pieces of legislation, mention must also be made of the new Code of administrative trial and the reform of the universities. Other important regulations, issued during the year, concern the organization of several administrative agencies, and administrative procedures. A new independent commission began operating in the fields of evaluation, integrity and trasparency of public offices. Some important decisions were issued by the Constitutional Court and by ordinary and administrative courts, concerning – inter alia – the principles of good administration, impartiality and responsibility that public officers must observe.
I libri di diritto costituzionale 2009-2010
I libri di diritto amminsitrativo 2009-2010
Riedizioni
Gianfranco Miglio e la scienza unitaria dell’amministrazione
In 1955, when Gianfranco Miglio discussed his essay Le origini della scienza dell’amministrazione in Varenna, the science of administration was a non-unitary discipline. Scientific reflections on administration were not scarce; however, the discipline was perceived as a “science of organization”, parcelled out in several branches, or, at most, a way to inquire upon the “real and concrete dimension” of administration in a certain historical moment. Miglio gives a true “historicist” perspective to his own work. He sketches the boundaries of a “European constitutional history”, recalling the fortunes of public administration between the Middle Ages and the 20th century and reconstructs the imperium, political authority, professional administration and the “technique” of governing. As a manifesto against centrifugal forces that destroyed the science of administration, Miglio’s essay is not a lesson on Cameralistics but, rather, a programme for future scholars.
Le origini della scienza dell’amministrazione
A meta-reflection on the science of administration can explore objects, boundaries, methods and “main problems” of the discipline. In European absolute monarchies, the passage from administration to Verwaltung identified certain autonomous public functions performed by professionals, both jurisconsults and accountants, who supported the Crown and limited its arbitrarypower. The officium sought to reach the eudemonistic commune bonum. The “Administrative science of the State”, rooted in German Protestantism, became the art of governing States in search of happiness. After consolidation of the laicization and secularization of law and political economy, the science of administration became fragmented: it was subjected to the exclusive will of “class” representatives. Today, as between the 19th and the 20th centuries, the “privatistic conception of law”, with its particular attention for certain private interests, keeps the administration in check. Consensus and autonomy of the administration must be, once again, rebalanced. A unitary, autonomous and truly “historicist” science of administration can be functional to this aim.