Administrative Power

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.

This contribution takes stock of the main transformations taking place in administrative functions, between theory and practice. It identifies a line of development from the “absence” of relationship to the “essence” of relationship, in which the administrative function in practice conforms to and is characterized by, a relationship to theory.

Public power and private power are not alternatives or necessarily conflicting: the economy requires adaptable, multi-dimensional and fluid rules rather than rigid, albeit reassuring, schemas. What can be considered private power and what are the causes that determine its weight? By what means does public power use private power and defend it? To answer these questions is to consider the relationship between politics and administration, lobbying, authorship and credibility of administration, and the search for a renewed measure of trust.