A legal analysis of the administrative functions of government

Post author | 22 April 2024 | Not Yet in an issue

The essay begins by addressing the doctrinal controversy in Italy regarding the definition of administrative functions of government. The analysis starts with Zanobini's definition of the administrative function as an activity of public authorities aimed at the concrete care of a public interest. It then moves to address the definitions put forth by Marongiu and Scoca, to those put forth by Benvenuti and Giannini. After reconstruction of the debate, the author develops a definition with the key feature that the administrative function is an activity carried out by public authorities that is always resolved in accordance with the limitations imposed by the laws and those resulting from real-world situations. Additionally, it is an activity that is defined by a connection to the past and an eye towards the resolution of difficult circumstances in the future.

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