Teacher
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CHITI Edoardo
(syllabus)
The programme of the course is organized as follows: I. Subjects, research-questions and functions of legal comparison. II. Historical comparison. (A) When did administrative law emerge in the various legal orders considered in the course? (B) How can its emergence be explained? (C) Which are its originary statutes? (D) How did it evolve over time? III. Administrative systems in contemporary legal orders. (A) Which functions are they called to carry out? (B) What is their constitutional grounding? (C) How are they structured and articulated? IV. Ways of functioning. (A) Which are the available techniques of administrative action? (B) How are administrative and private law differentiated between themselves? (C) Which are the functions of participation in administrative proceedings? And how is participation operationalized? (D) Why making public administrations subject to a duty to state reasons? (E) How to ensure the accountabiility of public administrations? VI. Concluding remarks. Implications and perspective of administrative legal comparison. (A) Administrative law: a variety of paradigms. (B) Administrative law as a 'regulatory project'.
(reference books)
Students attending the classes of the course are required to refer to: Marco D'Alberti, Diritto amministrativo comparato, Bologna, Il Mulino, 2019. Students may opt for this programme if they participate in at least 24 classes.
All other students should refer to the following materials: a) Marco D'Alberti, Diritto amministrativo comparato, Bologna, Il Mulino, 2019; b) one of the two following sets of articles: (i) M. Ruffert, National Executives and Bureaucracies, in P. Cane, H. Hoffman, E. Ip e P. Lindseth (Eds.), The Oxford Handbook of Comparative Administrative Law, Oxford, Oxford University Press, 2020; K.M. Stack, Rulemaking Regimes in the Modern State, in P. Cane, H. Hoffman, E. Ip e P. Lindseth (Eds.), The Oxford Handbook of Comparative Administrative Law, Oxford, Oxford University Press, 2020; J.L. Mashaw, Structuring a “Dense Complexity”: Accountability and the Project of Administrative Law, in Issues in Legal Scholarship, 2005, Article 4; (ii) or S. Cassese, Il diritto amministrativo globale: una introduzione, in Rivista trimestrale di diritto pubblico, 2005, p. 331 ff.; D. Freda, ‘The Rulers of the Land’: i justices of peace alle origini del diritto amministrativo inglese, in Rivista trimestrale di diritto pubblico, 2020, p. 189 ff.; L. Parona, Riforme recenti e prospettive future del rulemaking statunitensi, in Rivista trimestrale di diritto pubblico, 2018, p. 189 ff.
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