Analytic Philosophy and Administrative Law
A Territory to Be Explored
DOI:
https://doi.org/10.4454/vd40x465Keywords:
administrative law, theories of interpretation and legal reasoning, independent administrative regulatory authorities, logical vs critical analysis of judicial discoursesAbstract
In this paper, I would like to demonstrate the relevance and theoretical interest that administrative law represents for analytic philosophy and general legal theory. Starting from a metajuristic perspective, I will first show that administrative law decisions constitute a fertile field for testing the validity of realist theories of interpretation. Against this background, I will secondly examine a recent phenomenon that has renewed the physiognomy of administrative law, namely the independent administrative regulatory authorities, whose activity (through reasoned regulatory acts) triggers a dialectic with judicial decisions that is worthy of examination by the theory of legal reasoning.
Published
Issue
Section
License
Copyrights are transferred for five years starting publication date from the author(s) to the Publisher. After this period, the content is released under a Creative Commons licence (Attribution-ShareAlike 4.0 International).