A new season for tailor-made laws? Tailor-made laws in the social and legal framework: from the erosion of strict scrutiny to the spreading of administration reserve

Abstract

The essay aims at showing tailor-made law’s situation in the complex social and legal framework and foreshadowing new scenarios. After having outlined the status of institute in light of the most recent interpretative rules, an analysis is carried out from the perspective of the rights, with the desiderable purpose of narrowing the spreading of the phenomenon, through the enhancement of the right to judicial protection (which recalls the difference between constitutional and administrative justice) and the right to due process (which means the spreading of the administration reserve).