Fascicolo N.2 del 2012 aprile / giugno
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.
Bernardo Giorgio Mattarella
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.
Bernardo Giorgio Mattarella et al.
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.
These developments are described in the first part of the Chronicles, devoted
to general issues, while the second part describes
I libri di diritto costituzionale 2009-2010
I libri di diritto amminsitrativo 2009-2010
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 arbitrary
power. 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.
Sabino Cassese, The Global Polity. Global Dimensions of Democracy and the Rule of Law, Sevilla, Global Law Press, 2011 (Stefano Battini e Marco D’Alberti)
Armin von Bogdandy, Rüdiger Wolfrum, Jochen von Bernstorff, Philip Dann, Matthias Goldmann, The Exercise of Public Authority by International Institutions. Advancing International Institutional Law, Heidelberg, Springer, 2010, (di Lorenzo Casini)
Guido Melis (a cura di), Servitori dello Stato. Centocinquanta biografie, Roma, Gangemi, 2011 (di Bernardo Giorgio Mattarella)
Serena Oggianu, Giurisdizione amministrativa e funzione nomofilattica. L’adunanza plenaria del Consiglio di Stato, Padova, Cedam, 2011. (di Marcello Fracanzani)
Mario Comba e Steen Treumer (a cura di), The In-House Providing in European Law, European Procurement Law Series, Copenaghen, DJØf, 2010; Roberto Caranta e Martin Trybus (a cura di), The Law on Green and Social Procurement in Europe, European Procurement Law Series, Copenaghen, DJØf, 2010 (di Hilde Caroli Casavola)
Il Global Administrative Law all’Istituto universitario europeo (Leonardo Pierdominici)
La République des constitutionnalistes (Sabino Cassese)
La riforma della CEDU nel Regno Unito (Marco Pacini)
L’indagine conoscitiva sulle autorità amministrative indipendenti (Umberto G. Zingales)
Regole e mercato delle energie rinnovabili (Alessandra Miraglia)
Il primo anno della Rivista Munus (Edoardo Chiti)