Il metodo nel diritto amministrativo e il confronto con gli altri saperi

Abstract

The essay aims at assessing the scope of the influence of other sciences on the methodology of administrative law. Hence, it first provides a definition of what scientific methodology refers to in general, and in administrative law in particular. Afterwards, the essay assesses the topic of technical discretion, which is the epitome of the encounter between administrations and other expertises. The analysis of the relevant administrative caselaw reveals administrative judges’ attitude to treat scientific methodology as the criterion of administrations’ discretionary valuations. However, remanding to scientific methodology as the criterion administrations ought to use to finalize their discretionary choice poses the risk to be excessively vague to judicially review the legitimacy of administrative actions.