Chapter Legge e giustizia amministrativa durante il ventennio fascista

The paper focuses on the relationship between the Fascist regime and the administrative justice. Once identified in the “invention” of exclusive jurisdiction (over individual matters) a “revolutionary” act of the early Fascism, the paper faces the problem of the administrative litigation over public...

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Hoofdauteur: MERUSI, FABIO
Formaat: Online
Taal:Italiaans
Gepubliceerd in: Firenze University Press 2022
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Online toegang:ONIX_20220601_9788855184557_718
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author MERUSI, FABIO
author_browse MERUSI, FABIO
author_facet MERUSI, FABIO
author_sort MERUSI, FABIO
collection Directory of Open Access Books
description The paper focuses on the relationship between the Fascist regime and the administrative justice. Once identified in the “invention” of exclusive jurisdiction (over individual matters) a “revolutionary” act of the early Fascism, the paper faces the problem of the administrative litigation over public debt. The issue is treated starting from the transformation of the jurisdiction of merit in the matter of public debt into exclusive jurisdiction: a special attention is paid to the two opposite theses of the “left-wing fascism” and the Italian Constitutional Court. Subsequently, the reflection shifts to the Fascist laws that have limited or excluded since 1923 the appeal against certain administrative acts, also referring to the reactions of the doctrine of the time. A particular case concerns the vice of excess of power which, in the Fascist period, was rationalized and also took on a different meaning from the original one foreseen by the law of 1889. After the fall of Fascism, a final look is turned to the two elusive techniques of the appeal to the administrative judge represented by the laws-measure and the so called “theft of jurisdiction”
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institution Directory of Open Access Books
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publishDate 2022
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publisher Firenze University Press
publisherStr Firenze University Press
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spelling doab-20.500.12854ir-819732022-06-02T04:01:19Z Chapter Legge e giustizia amministrativa durante il ventennio fascista MERUSI, FABIO Fascism Administrative justice Public debt Limitations of the appeal against administrative acts Excess of power Laws-measure Theft of jurisdiction The paper focuses on the relationship between the Fascist regime and the administrative justice. Once identified in the “invention” of exclusive jurisdiction (over individual matters) a “revolutionary” act of the early Fascism, the paper faces the problem of the administrative litigation over public debt. The issue is treated starting from the transformation of the jurisdiction of merit in the matter of public debt into exclusive jurisdiction: a special attention is paid to the two opposite theses of the “left-wing fascism” and the Italian Constitutional Court. Subsequently, the reflection shifts to the Fascist laws that have limited or excluded since 1923 the appeal against certain administrative acts, also referring to the reactions of the doctrine of the time. A particular case concerns the vice of excess of power which, in the Fascist period, was rationalized and also took on a different meaning from the original one foreseen by the law of 1889. After the fall of Fascism, a final look is turned to the two elusive techniques of the appeal to the administrative judge represented by the laws-measure and the so called “theft of jurisdiction” 2022-06-02T04:01:18Z 2022-06-02T04:01:18Z 2022-06-01T12:27:32Z 2021 chapter ONIX_20220601_9788855184557_718 2704-5919 https://library.oapen.org/handle/20.500.12657/56534 9788855184557 https://directory.doabooks.org/handle/20.500.12854/81973 ita Studi e saggi open access image/jpeg Attribution 4.0 International https://library.oapen.org/bitstream/20.500.12657/56534/1/25966.pdf Firenze University Press 10.36253/978-88-5518-455-7.04 10.36253/978-88-5518-455-7.04 2ec4474d-93b1-4cfa-b313-9c6019b51b1a 9788855184557 19 Florence open access
spellingShingle Fascism
Administrative justice
Public debt
Limitations of the appeal against administrative acts
Excess of power
Laws-measure
Theft of jurisdiction
MERUSI, FABIO
Chapter Legge e giustizia amministrativa durante il ventennio fascista
title Chapter Legge e giustizia amministrativa durante il ventennio fascista
title_full Chapter Legge e giustizia amministrativa durante il ventennio fascista
title_fullStr Chapter Legge e giustizia amministrativa durante il ventennio fascista
title_full_unstemmed Chapter Legge e giustizia amministrativa durante il ventennio fascista
title_short Chapter Legge e giustizia amministrativa durante il ventennio fascista
title_sort chapter legge e giustizia amministrativa durante il ventennio fascista
topic Fascism
Administrative justice
Public debt
Limitations of the appeal against administrative acts
Excess of power
Laws-measure
Theft of jurisdiction
topic_facet Fascism
Administrative justice
Public debt
Limitations of the appeal against administrative acts
Excess of power
Laws-measure
Theft of jurisdiction
url ONIX_20220601_9788855184557_718
work_keys_str_mv AT merusifabio chapterleggeegiustiziaamministrativaduranteilventenniofascista