Vincenzo Cerulli Irelli

Principle of Legality and Extraordinary Powers of the Administration

  • Abstract

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Keywords:

The author analyses the relation between the principle of legality that governs administrative activity and the exercise of extraordinary powers on the part of the administration, which powers are wholly unmentioned and therefore depart from the principles of typicality and explicit mention of administrative acts, as well as a departure with respect to the normal system of attribution and competencies. In this sense, the work takes into consideration the powers of ordinance - both the so-called common ones and so-called emergency law ones - proceeding to their systematic classification and an examination of the different problems they pose in terms of their constitutionality.

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