Marco Magri

Constitutional democracy, the role of the public administration and administrative law

  • Abstract

Informations and abstract

Keywords: Democracy; Constitution; Administrative; State; Legality.

The issue of the "role" of public administration in a constitutional democracy has always been addressed by Italian public law doctrine in the sense of contributing to the "democratization" of the administrative state. Hence the attention focused on fields like the sphere of the "reforms" (to assess their compliance with constitutional models), the participation of citizens, the direct enforcement of the Constitution to public administrations activities. Less fortunate was the study of the "reserving of law" on the matter of public authorities organization, which especially in the current phase of the (already) "democratized" administrative state seems deserving to be revalued, of course together with the role of the Constitutional Court. This does not entail to undervalue the majority perspective, but simply pointing up the pluralism of the points of view and the guarantee of a "methodological" neutrality of the studies on the constitutional dimension of the public administration.

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