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”
Guglielmo Marconi University, Italy - ORCID: 0000-0001-7360-2211
Chapter Title
Legge e giustizia amministrativa durante il ventennio fascista
Authors
Fabio Merusi
Language
Italian
DOI
10.36253/978-88-5518-455-7.04
Peer Reviewed
Publication Year
2021
Copyright Information
© 2021 Author(s)
Content License
Metadata License
Book Title
Le sirene del corporativismo e l'isolamento dei dissidenti durante il fascismo
Editors
Piero Barucci, Piero Bini, Lucilla Conigliello
Peer Reviewed
Number of Pages
264
Publication Year
2021
Copyright Information
© 2021 Author(s)
Content License
Metadata License
Publisher Name
Firenze University Press
DOI
10.36253/978-88-5518-455-7
ISBN Print
978-88-5518-452-6
eISBN (pdf)
978-88-5518-455-7
Series Title
Studi e saggi
Series ISSN
2704-6478
Series E-ISSN
2704-5919