DOI: 10.5176/2010-4804_2.4.258
Authors: Loredana N. E. Giani
Abstract:
The paper looks at the possible role of administrative law and regulation in a period of economic crisis when the previous systems in place to protect social values have failed because their primary interest was in the market. The intersystemic perspective highlights the role that regulation can have in balancing the needs of the market and those of citizens even in a globalized perspective in which must be reconsidered the role of administrative cooperation. The specific case of social rights is analysed as it can be understood as a cyclic quadrilateral whose vertex are represented by sustainability, feasibility, executability and capability of being judged and lie in the same circle that is the “legal reasonableness”, and the challenges that it has to face in a situation of economic crisis magnify the risks, undermining the very existence of the binomial titularity/effectivity of the rights and the consideration and balance of the fundamental values of the system can avoid that the imperfect duties of which the state is titular might be at the basis of a dangerous dismantling of the idea of the welfare state.
Keywords: Globalization, competition, market, regulatory capitalism, cooperation, social rights
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