Administrative Proceedings and Participation: Jurisprudence (Administrative and Constitutional) and Conceptions of the Idea of Justice
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Abstract
The text deals with the following topics: constitutional sensitivity to administrative justice: the constitutional foundation of the institutions of proceedings and participation; the paradigms suitable for describing the use of the Constitution on the part of the administrative judge; a functional regularity that emerges from jurisprudential case study: the logic of the 'just measure'; proceedings and participation according to constitutional jurisprudence; the logic of 'just proceedings' compared with that of the 'just measure': the absence of a dialogue between Court and administrative judge. An incidental reference to the categories of public law doctrine; the different conceptions of the idea of justice underlying the 'just measure'/'just proceedings' alternative.