Amministrare e giudicare: trasformazioni ordinamentali

Translated title of the contribution: [Autom. eng. transl.] To administer and judge: legal transformations

Pasquale Cerbo* (Editor), Giovanni D'Angelo* (Editor), Sara Spuntarelli* (Editor)

*Corresponding author

Research output: Book/ReportOther report

Abstract

[Autom. eng. transl.] The volume contains the acts of the homonymous Seminar hosted by the Milan branch of the Catholic University of the Sacred Heart on May 24, 2021, which responds to a need for study and in-depth analysis of the foundation and seal of the traditional reconstruction of the legal relations between the 'to administer and judge (terms that we preferred to use to give greater prominence to the functions exercised with respect to the apparatuses that exercise them). This is a theme apparently far from the most immediate and recent requests emerging from practice, doctrine and jurisprudence, but which actually crosses many of the most debated issues of administrative law at the moment. The choice of the terms administer and judge, objectified in the expression of the function, better clarifies the hypothesis of investigation: the function of administering and the function of judging (in particular, by the administrative judge) and their reciprocal attitude towards the ordering and ordering appear to have a precise differential foundation. The difference between the exercise of the judicial function and the exercise of the administrative function is probably not inherent in the nature of the two orders considered per se; it appears instead to descend from the legal system, understood as the multiplicity of factors that make up the legal system: the constitutional constraints, the interpretations of doctrine and constitutional jurisprudence support this direction. However, precisely the dutifulness of the way in which the two functions are carried out, in the presence of the conditions for their exercise, requires us to verify whether, to what extent and with what consequences, in certain cases the administrative judge can administer (following a tendency of our time to the pervasiveness of jurisdiction) and in other cases the administration to judge or in any case disregard judicial review (favoring another trend of our time, that of the 'cheapness' of decisions). This need for understanding and for a theoretical and conceptual arrangement with regard to the consequences on the systematic level of any transformations has moved the organization of the seminar and the publication of its proceedings: to verify whether the transformations are such as to make things become other than what they at first they were.
Translated title of the contribution[Autom. eng. transl.] To administer and judge: legal transformations
Original languageItalian
PublisherJovene Editore
Number of pages474
ISBN (Print)978-88-243-2735-0
Publication statusPublished - 2022

Keywords

  • amministrare
  • amministrazione senza giudice?
  • giudicare
  • giudice senza amministrazione?

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