RICERCA ITALIANA     

Administrative law science in Italy in the second half of the twentieth century

Università degli Studi Roma Tre

Abstract

Legal science rarely thinks through itself. Administrative law has been seldom reconstructed in an organic way, never in the last thirty years. The aim of the research is to analyse, from different points of view, administrative law in Italy in the second half of the twentieth century, to verify its health, together with the heath of its juridical science, and to assess how administrative law is changing as concern the methods. In particular, the analysis is developed in four main directions. The first one is aimed to analyse scholars and schools of administrative law. The second one deals with the methods and forms by which the italian administrative law science made comparisons with foreign systems and found inspiration from them. The third one concerns the methods and forms by which administrative law science looked at the other branches of law (civil law, constitutional law, international law, european law). Finally, the fourth one regards the evolution of techniques and methods of study of administrative law.

Principal Investigator

Luisa TORCHIA Università degli Studi ROMA TRE

Research Objectives

This research might be useful due to the lack of complete studies about administrative law science, in particular about the contributions of administrative law science in the last fifty years.
The main purpose of the research is to fill this lack by analizing under various points of view the italian administrative law science in the second half of the twentieth century.

The analysis is developed in four main directions. The first one is aimed to analyse scholars and schools of administrative law. The second one deals with the methods and forms by which the italian administrative law science made comparisons with foreign systems and found inspiration from them. The third one concerns the forms by which the administrative law science looked at the other branches of law. Finally, the fourth one regards the evolution of the techniques and methods of study of administrative law.

1) Concerning the administrative law scholars, the research aims at:
A) Firstly, to reconstruct a kind of genealogical tree of administrative law science, starting from the origin, but focusing on the last period. This will be helpful to reach two more objects: on one hand, to verify which role did administrative law scholars play in the social contest (scholars, lawyers, politicians, etc) and how did it develop in comparison with the past; on the other hand, to register the connections within the schools and/or the cultural inheritances between masters and >>>

Timescale

12 months

National and international background

The scientific basis for the study of the reflection carried out in the second half of the 20th century by the Italian science of administrative law is provided by three orders of general contributions.
There are, first of all, a number of historical studies of public administration and administrative law, written by historians or specialists of history of law. This is the case, besides the works by G. Cianferotti on the construction of the public law scientific paradigm (see, in particular, Il pensiero di V.E. Orlando e la giuspubblicistica italiana, Milano, Giuffrè, 1980, and Storia della letteratura amministrativistica italiana. I. Dall'Unità alla fine dell'Ottocento. Autonomie locali. Amministrazione e costituzione, Milano, Giuffrè, 1998), of G. Melis' Storia dell'amministrazione italiana, Bologna, Il Mulino, 1996 (see also La storia del diritto amministrativo, in S. Cassese (ed.), Trattato di diritto amministrativo, Milano, Giuffrè, II ed., 2003, Diritto amministrativo generale, vol. I, 95 ss.) as well as of the study by L. Mannori and B. Sordi, Storia del diritto amministrativo, Bari-Roma, Laterza, 2001. Such works, though in different perspectives, are based on the premise of the strong influence exercised by legal science on the elaboration of Italian administrative law. Moreover, they provide useful insights and historical assessments of the development not only of administrative law, but also of its legal science, although the focus is more on the founding >>>