Laura Buffoni

The constitutional level of "due process" and the archetype of "court proceeding"

  • Abstract

Informations and abstract

Keywords: Due process, constitutional legitimisation, court proceedings

The principle of due administrative process in administrative proceedings is still in search of a specific definition and constitutional legitimisation. The paper analyses the arguments used by scholars and the Italian Constitutional Court in order to highlight the distinguishing features of the principle of "due administrative process". In particular, the paper critically reconsiders the notion of administrative procedure and its relation to court proceedings, making reference to the notions of "administratio" and "jurisdictio" that characterised the medieval period as well as to the well-established traditions of common law countries. In conclusion, the paper aims at identifying what constitutionally entrenched principles and procedural rules characterise due administrative process, whose definition is conditioned by the contrast between due process, on one hand, and, the principle of objective exercise of the administrative function, on the other.

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