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The interpretation of the Constitution in the administrative field

Abstract

In this paper we intend to distinguish among four legal figures, which are generally treated as part of the theme concerning the position of the public administration before the unconstitutional law. What we attempt to highlight is that not all the cases requiring an analysis of the constitutional meaning by public administration involve the problem of constitutionality control, because those situations present different variants and problems that we will try to explain. In our view - and this is the Gordian knot of this research - it is necessary to distinguish between the following four functions of public administration: a) declaration of unconstitutionality; b) constitutional interpretation; c) refusal of application of general standards and d) objection of unconstitutionality.

Keywords:
unconstitutional law; control of constitutionality; public administration; constitutional interpretation; objection of unconstitutionality

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