L’Allegato E e l’infausto mito della giurisdizione unica tra ideologia ed effettività della tutela nei confronti della pubblica amministrazione

Abstract

The nineteenth century was characterized, on the one hand, by the common purpose towards the development of legal remedies against the public administration, on the other hand, by different opinions about the best way to achieve this goal. The present paper suggests that the preference for monism was the result of abstract legal ideologies, while the dualist system prevailed on the grounds of effectiveness of legal protection. Today the neo-monism has a different meaning: it is an authoritarian way to make the public authorities free from the narrow constraints of the administrative law.