Vincenzo Cerulli Irelli

Administrative Power and the Constitutional Arrangement of the Functions of Government

  • Abstract

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The author deals with the theme of the configuration of administrative power within the constitutional framework. In particular, the work explores the theme of the exercise of power as module typical of the administrative action and legal relationships of public law, as well as those tied to the legal acts and effects as an outcome of the exercise of power and to the forms of jurisdictional safeguarding of situations protected before the exercise of power. In particular, the author observes that placed at the centre of our positive system, in a way wholly (or nearly) corresponding to what is found in the German system (and in part in the French system), on the substantive plane the notion of the public law relationship as what is established on the occasion of the exercise of power, and how on the plane of jurisdictional safeguarding the notion is posited of public law disputes as those that, having as their object the exercise of power, are assigned to the cognizance of the administrative judge, the profile of the protected situation indeed remaining irrelevant, since where the exercise of power is involved the protected situation that is assumed to be injured always takes shape as legitimate interest.

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