Please enter a search term to begin your search.

Home » Archive » Book Reviews

Ferruccio Auletta
Book Reviews
Comments (0)

Having been entrusted1 with the examination of the opening contribution in the series “Il diritto amministrativo: variazioni” (directed by Giacinto della Cananea, Daria de Pretis, Marco Dugato, Aristide Police and Mauro Renna) a grim reflection immediately comes to the mind of the procedural law scholar, namely: if it is now possible that “administrative acts may constitute contractual relations”, “as it is not necessary for the parties to manifest their common desire to enter into a contract” (p. 225); and it is also possible that “they may bring contractual relationships to an end” (pp. 226 f.), all this remaining firmly outside any “regulation conferring the specific power exercised”, what is now the purpose of the constitutive judgment? What purpose is served by the fact that (alone) above the judge – the power of the State, better armed than any other with the guaranty provided by the Constitution – continues to encumber the law in order to use, case by case, its power to “create, modify or extinguish legal relationships with effect between parties” (art. 2908 Italian civil code)?

download this article in PDF format ›

download IJPL volume 1 2017 in PDF format ›