GLOBAL AND LOCAL, GENERAL AND PARTICULAR, RULES AND MEASURE: A POST-MODERN REFLECTION

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Pierpaolo Forte

Abstract

Extralegal character of administrative action does not denote an unauthorized power. The extralegal
dispute first shifted to the question of the delegability of legislative and judicial power, and then to the
riddle of how the independence of executive and administrative bodies can be understood. If legislation without legislature was a complex issue of constitutional and administrative law, the issue of legislative measures is no less, and possibly more so difficult. Two basic forms of measures need to be distinguished as quasi-laws: tailor-made law and framework regulation. True legislative acts are distinguished in the field of public administration by the criterion of abstractness and the criteria of universality. Quasi-legal measures may be both abstract and specific in nature. In terms of merging legislative and executive power, quasi-legal acts can work as heteronomous laws in public administration. 

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