Administrative Inter-Legality. A Hypothesis
Author(s)
Date Issued
2021
Type
article
Volume
7
Issue
2
Journal
Abstract
The article discusses the possible relevance of inter-legality in the process of
implementation of public policies. It opens by observing that inter-legality emerges,
both as a situation and as a prescriptive criterion, not only in the context of judicial disputes,
where it finds a highly fertile ground, but also in the policy cycle. It then focusses on the
implementing phase of the policy cycle, with a view to examining the manifestations of
inter-legality as a situation and the ways in which it may operate as a prescriptive
criterion. It is argued that inter-legal situations are, in the implementing phase of the
regulatory process, diverse and changing, in constant movement between the three macropoles
of joint responsibility, co-ordination of responsibilities and conflict of responsibilities.
It is also suggested, as a matter of hypothesis, that inter-legality might operate as a
meta-criterion allowing administrations to recognize and manage the complexity of
inter-legality situations.
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