The principle of legality in evolving administrative law. Reflections on its timeliness and its event, between crisis factors and relations with the regulatory power of the independent administrative authorities

Abstract

The contribution, after a brief historical introduction, faces some of the most current issues concerning the principle of legality of administrative action. The reconstructive effort around the scope of the principle in the actual legal system is functional to the attempt of a conscious reading of the current factors that threaten its survival and that would cause its deconstruction. In relation to the latter, a particular attention is paid to the regulatory and para-normative activity of the Independent Administrative Authorities, which is increasingly characterized as a driving force for overcoming the traditional physiognomy of the value of legality. The analysis is followed by some reflections that are considered to be consequent to the current legal framework and by a projection towards the more immediate future that awaits the principle of legality.