l'"incostituzionalità" dell'atto amministrativo. Uno sguardo ai modelli stranieri e alla proposta del sistema delle garanzie

Abstract

The topic dealt with poses the question relating to the limit of the constitutional judgment regarding laws and equivalent acts, with the exclusion of secondary sources and, therefore, administrative acts. The reference to foreign models opens up to the idea of broadening the judgment of constitutional legitimacy, while noting that in our system the rigidity of the Constitution is an obstacle, preventing widespread control. It is therefore necessary to understand how far the judgment of constitutionality can extend, especially for the government's normative sources which do not have the force of the law but outline its way of application and its meaning.