Title: Initial Investigation on Excess of Power: Judicial Review of Administrative Action in Italy (1890–1910)
Abstract:Abstract This study has been carried out in accordance with a precise methodology: it examines the decisions handed down by the Fourth Chamber of the Council of State in its first twenty years of oper...Abstract This study has been carried out in accordance with a precise methodology: it examines the decisions handed down by the Fourth Chamber of the Council of State in its first twenty years of operation on the issue of excess of power. An interpretation of excess of power could be proposed whereby its substance is not to be found in the concept itself, but rather in the explanations provided by the organ that created it as it examines each individual case. Thus, excess of power cannot be pinned down to one single concept, nor should the continuity among its various manifestations be understood conceptually; rather it must be examined from a historical perspective on a case-by-case basis. It is there that it can be seen how excess of power has characterized the work of the Council of State more than any other issue over the course of its existence.Read More