Autore: Civitarese Matteucci, Stefano
Titolo: La «vera» storia del diritto amministrativo inglese secondo Paul Craig. Quando un libro manda al «macero intere biblioteche»
Periodico: Diritto pubblico
Anno: 2024 - Fascicolo: 3 - Pagina iniziale: 653 - Pagina finale: 679

This article reviews the book "Administrative Law from 1550: Continuity and Change" by Paul Craig. The book challenges the received view that English administrative law is of recent origin – mid-20th century or late 19th century at the earliest. Through an extensive and profound analysis of legislation and case law, Craig argues that administrative law has developed since the mid-16th century in a guise that is not fundamentally different from today. From that period, the Common law courts produced a sizeable amount of case law relating to judicial review of administrative action. The latter was triggered by a considerable amount of statute legislation, which enabled public authorities to regulate many aspects of social life, which caused litigation. This case law brought forward the doctrine that still constitutes the core of the judicial review grounds of review and remedies. The article charts the implications of such groundbreaking research on the strong separation between public law and common (private) law thesis, which often uses as a reinforcing argument the idea that even Britons, the champions of Common law, discovered administrative law several decades ago when they decided to embrace a kind of continental administrative law style. It also casts light on the methodological issues that revolve around administrative law either as a conceptual scholarship artefact or as a discrete segment of the legal system.




SICI: 1721-8985(2024)3<653:L«SDDA>2.0.ZU;2-3
Testo completo: https://www.rivisteweb.it/download/article/10.1438/116003
Testo completo alternativo: https://www.rivisteweb.it/doi/10.1438/116003

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