THE NON DELEGATION DOCTRINE THE NON DELEGATION DOCTRINE U.S. rejected state intervention in economy, traditionally. That state of play began to change towards the end of the 19th century, notably in 1887 when the interstate commerce Commission was established. The mission of the newly created Commission was to regulate the level of prices in the railway sector, the virtual monopoly nature of which permitted the charge of inflated prices. Public action in economy received an additional stimulus from the 1929 crisis. J.M.Keynes, a British economist, and F.D.Roosvelt, U.S. president in those times, considered it appropriate to increase public spending to emerge from the economic crisis. Thus the New Deal was born. The Supreme Court, ruled some laws relating to economic planning unconstitutional, though. The Supreme Court pursued the so called non delegation doctrine according to which the American constitution doesn’t allow the Congress to delegate its regulatory powers to federal agencies.That fight between the Supreme Court and the President ceased by the adoption of the administrative procedure act in 1946,which assigned federal agencies rulemaking and adjudication powers on the one hand, subjected the federal agencies to judicial review on the other hand.

Changes in British administrative law. The United Kingdom has been for a long time without any proper administrative law. Public administration was subject to the ordinary law of the land. Nevertheless, in the late 1800s many commissions, boards and authorities to which several tasks were allocated, were established. They include tribunals with deeds of great importance, amongst them settlement of disputes between public administration and citizens. In the aftermath of World War II William Beveridge supported the idea of government interventing in the field of economy. The welfare state was born. State intervention lid to improved living conditions in the short term and increased taxation and public debt in the long term. The subsequent financial crise of the state cause a rithink of the welfare state. In the 1980s Prime Minister Margareth Thatcher adopted a laissez-faire policy. The withdrawal of the state from economy produced the need to create agencies i.e. regulatory bodies free from political influence. Another important point about 1980s British administrative law is the onset of public management. Public administration needs to be driven by persons with similar expertise to that of private management. However, social scientists point out that there have been both market failures and state ones.

Italian judiciary The Italian judiciary We mean set of rules about courts’ organisation and functioning by the expression judiciary. The king Albert’s charter, dating back to 1848, in article 69 provided that justice was served in the king’s name. The charter encompassed king’s hierarchical command over judiciary and legal provisions aimed at ensuring its independency. During the fascism a new statute on judiciary, known as Grandi’s judicature act, was enacted. In accordance with the new law judiciaries were subject to Minister of Justice supervision. After the collapse of fascism judiciary independency from executive power was restored. In 1948 a new democratic constitution entered into force on January, the 1th. By a law of 1958 the Supreme Board of magistrates was set up, whose task is to make decisions concerning the legal consideration of magistrates. Many reforms took place over decades the most significant ones being Castelli and Mastella’s. Castelli’s reform was severly criticised on account of the introduction of an aptitude test and a career progression by public competition. Those innovations were repealed by the successive minister of Justice Mastella, who also abolished the requirement to choose between judges ad investigating magistrates at the time in which the application is submitted.