Alla ricerca del principio costituzionale del “giusto procedimento”: la “processualizzazione” del procedimento amministrativo

The constitutional foundation of the administrative due process of law
and the archetype of the "process"


The principle of the administrative due process of law, meant like "typical shape" of the administrative function, is since many years looking for an exact content and a constitutional foundation. In order to resolve such complex issue it is necessary to return to the arguments used by the Constitutional Court and the classical doctrine to characterize the still today relevant elements integrating the “natural justice”. In particular, we suggest to think in new terms to the idea of “procedure” and to the relation with that one of “process”, according the historical studies relating to medieval similarity between administratio and jurisdictio and the development of the doctrine of the common law. This analysis will allow to understand the true nature of the due process of law in the italian Constitution between fundamental right of the person and objective method of the administrative function.