Autore
Rossi, Giampaolo

Titolo
L'attualità di G.D. Romagnosi nell'eclissi dello statalismo. Considerazioni sul passato e sul futuro del diritto amministrativo
Periodico
Diritto pubblico
Anno: 2012 - Fascicolo: 1 - Pagina iniziale: 1 - Pagina finale: 48

This study is the result of research that has developed over time in the wake ofvarious stimuli arising from other research. The author does not enter into the recurrentcontroversy over the beginnings of the discipline and its founder becauseany thesis is invalidated by an underlying error stemming from the fact that thenotion of administrative law is not unambiguous. As is obvious, the object thatwas founded and the period of its beginning vary depending on the definitionsthat are given to it. The research is instead concerned with bringing out how muchof the more recent acquisitions of administrative law doctrine, including thosethat are attributed to the advent of the multiclass State, to its 'constitutionalisation'and to the principles of European law, actually were preceded, in the essentiallines, by the studies of Gian Domenico Romagnosi. Owing to this aspect, thewriting highlights 1) how after the end of absolutism, in a cultural and politicalclimate of particular freshness and vivacity, peaks of legal civilization were reachedthat then became consolidated only after more than two centuries; 2) howRomagnosi's relevance lies not in the single propositions that he arrived at - someof which were clearly forerunners - but in the method that he adopted for disentanglingthe complex issues of a system in the making.



SICI: 1721-8985(2012)1<1:LDGRND>2.0.ZU;2-G
Testo completo: http://www.mulino.it/download/article/10.1438/38574
Testo completo alternativo: http://www.mulino.it/doi/10.1438/38574

Esportazione dati in Refworks (solo per utenti abilitati)

Biblioteche ACNP che possiedono il periodico