Contributo di metodo ad uno studio delle "variazioni (edilizie) essenziali"

Paolo Cotza

2024-01-01

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Abstract

Preliminarily, some critical issues have been identified "straddling" between public law in the strict sense (in particular, inherent in profiles of dubious constitutional legitimacy) and administrative law (deriving from the airtightness of the editorial technique adopted in packaging the co-existing disciplines – national and regional, "of principles" and not -). An attempt has therefore been made to infer certain "pre-understanding" widespread "upstream" among commentators; to then outline the parable with which the regional legislator originally implemented the original meta-provisions on the institute, and then operate a "homologating" political solution. At this point, having ascertained that the problem of co-existence was not attributable only to the regional legislator, previous studies were used with which a redeployment was also made of administrative law on the technical side (through a "revisitation" of the main categories and institutes of most frequent reference in the light of an updated discourse on the epistemological, theoretical and systemic level) in order to restore its suitability for adaptation to the specific instances of the (post-)modern. This, in order to contain the aforementioned criticalities, pending an intervention de iure condendo.