Giacinto della Cananea
Re-Theorizing Public Law
One of the consequences of the economic and financial crisis is to give new impetus to the debate about the distinctiveness of public law, especially within some Member States of the European Union. In Italy, in contrast with the dominant tradition, some strains of public law thought either deny or tend to minimize the special character of the institutions and actions of the State. They exclude, for instance, that grants and subsidies are to be regarded as authoritative measures of public authorities. They contest the system of administrative justice for the increasing weight given to the administrative judge (in terms of competence and powers), if not for its existence, on the assumption that only a monistic system of judicial review is really coherent with the Rule of Law.