This chapter explores lawfulness in the Italian context, where it is a ‘fluid’ value. Despite the Italian constitution providing a rigid foundation for public administration, a level of flexibility is found within the processes of governance exercised by both the executive and legislature. In effect, the instruments of state comply with the general principles in place as well as the rules in force. This allows at least three different conceptions of lawfulness, depending on how strongly the rules are able to influence the structure and content of the administrative measures. An element of complexity characterizes the relationship between lawfulness and the corollaries of the principle of good administration; the possible existence of discretionary power is also important from the point of view of judicial review. The increasingly close link between public and private law and the introduction of ‘new’ sources of law are the last (but not least) pieces of a kaleidoscopic puzzle.

The Multi-interpretable Nature of Lawfulness in a National Framework / Simonati, Anna. - STAMPA. - (2020), pp. 131-156. [10.1007/978-3-030-21522-4_6]

The Multi-interpretable Nature of Lawfulness in a National Framework

Simonati, Anna
2020-01-01

Abstract

This chapter explores lawfulness in the Italian context, where it is a ‘fluid’ value. Despite the Italian constitution providing a rigid foundation for public administration, a level of flexibility is found within the processes of governance exercised by both the executive and legislature. In effect, the instruments of state comply with the general principles in place as well as the rules in force. This allows at least three different conceptions of lawfulness, depending on how strongly the rules are able to influence the structure and content of the administrative measures. An element of complexity characterizes the relationship between lawfulness and the corollaries of the principle of good administration; the possible existence of discretionary power is also important from the point of view of judicial review. The increasingly close link between public and private law and the introduction of ‘new’ sources of law are the last (but not least) pieces of a kaleidoscopic puzzle.
2020
Quality of Governance: Values and Violations
Cham, CH
Palgrave Macmillan; Springer
9783030215217
978-3-030-21522-4
Simonati, Anna
The Multi-interpretable Nature of Lawfulness in a National Framework / Simonati, Anna. - STAMPA. - (2020), pp. 131-156. [10.1007/978-3-030-21522-4_6]
File in questo prodotto:
File Dimensione Formato  
06 Simonati edited - Lawfulness_standardized_revised.pdf

Open Access dal 25/11/2021

Tipologia: Post-print referato (Refereed author’s manuscript)
Licenza: Tutti i diritti riservati (All rights reserved)
Dimensione 247 kB
Formato Adobe PDF
247 kB Adobe PDF Visualizza/Apri
978-3-030-21522-4_6.pdf

Solo gestori archivio

Tipologia: Versione editoriale (Publisher’s layout)
Licenza: Tutti i diritti riservati (All rights reserved)
Dimensione 286.97 kB
Formato Adobe PDF
286.97 kB Adobe PDF   Visualizza/Apri

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11572/232861
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus 0
  • ???jsp.display-item.citation.isi??? ND
social impact