Administrative discriction in the rule of law (your legal framework)

Abstract

The theme “administrative discretion” remains the “Achilles heel” of Administrative Law, despite being historically the most controversial and most addressed issue by legal-administrative dogmatics, since the preliminary studies by BERNATZIK and TEZNER. The great relevance of this theme results from the fact that it is the safety valve and guarantee of the fulfillment of the rule of law, and thus the realization of material justice and the public interest. Notable progress has been made in the meantime, but there is still a long way to go before satisfactory levels are reached in terms of theoretical design, practical application and, above all, judicial control. Discretion is, therefore, still a current topic and of transcendent theoretical and practical relevance; remains a challenge, more than an obstacle to the realization of justice in the specific case. This reflection seeks to be a valid contribution to the legalization of administrative discretion.