¹ The IJPL is available at the website http://www.ijpl.eu. It is published twice a year.Google Scholar

² Although the concept of legal culture is controversial, it is quite useful, as argued by Lawrence Friedmann The Concept of Legal Culture: A Reply, in Comparing Legal Cultures 34, 37, (David Nelken, ed., 1997). See also John H. Merryman, The Italian Style I: Doctrine, 18 Stanford Law Revue. 18 (1965), (for the thesis that, in spite of the jurisprudential exchanges with other cultures, Italian law kept some elements that made it best express the civil law tradition).Google Scholar

³ See Romano, Santi, L'ordinamento giuridico (1918; 1946, 2^nd ed.), translated into French by Lucien François & Pierre Gothot, L'Ordre juridique (1998). The importance of Romano's pluralist approach has been recently considered by Mireille Delmas-Marty, Les forces imaginantes du droit I, Le relatif et l'universel 11 (2004). For an excellent account of Romano's works, see Sandulli, Aldo, Santi Romano and the Perception of Public Law Complexity, 1 Italian Journal of Public Law (It. J. Public L.). 165 (2009). It ought to be mentioned that in the later part of his life Romano had planned another general work, which should have been translated into German; however, the war put an end to that project.Google Scholar

⁴ Interestingly, this was in regard to German public law thought, rather than the legal institutions and more broadly the environment in which such thoughts were elaborated. The continued influence of French legal institutions was still evident in 1890, when an administrative court was set up, by creating a new structure (the fourth chamber) within the Consiglio di Stato: the underlying reasons are explained by Aldo Piras, Administrative Justice in Italy, in Administrative Law. The Problem of Justice, vol. III, Germany and Italy, 341 (Aldo Piras ed., 1997).Google Scholar

⁵ See Cassese, Sabino, Cultura e politica del diritto amministrativo (1973), translated into French by Michel Morabito, Culture et politique du droit administratif (2008).Google Scholar

⁶ For further remarks on Orlando's new paradigm, see Fioravanti, Maurizio, Vittorio Emanuele Orlando: Scholar and Statesman, in Italian Studies in Law, 29 (Alessandro Pizzorusso ed., 1992),Google Scholar

⁷ For an analysis of the different methods used by European scholars to build theories of the State, see Badura, Peter, Die Methoden der neueren allgemeinen Staatslehre (1959).Google Scholar

⁸ See Cassese, Sabino, Science of Administrative Law in Italy from 1971 to 1985, in Jahrbuch des öffentlichen Rechts der Gegenwart 123 (1985).Google Scholar

⁹ For this thesis, see Alec Stone Sweet & Jud Mathews, Proportionality Balancing and Global Constitutionalism, 47 Columbia Journal of Transnational Law 73 (2008).Google Scholar

¹⁰ See Sandulli, Aldo, La proporzionalità dell'azione amministrativa (1998) and Diana-Urania Galetta, Principio di proporzionalità e sindacato giurisdizionale nel diritto amministrativo (1998).Google Scholar

¹¹ Since 1971, regular meetings have been held every two years between German and Italian professors of public law. The proceedings are published in law journals of both countries. The most recent are published in the 2010 edition of the Heidelberg Journal of International Law.Google Scholar

¹² See Cassese, Sabino, Lo stato presente del diritto amministrativo italiano, 60 Rivista trimestrale di diritto pubblico 389, 398 (2010).Google Scholar

¹³ Aedon. Rivista di arti e diritto on line published since 1998. See www.aedon.mulino.it (all articles and notes have an abstract in English). I ought to clarify that the term “cultural heritage” is used here in order to emphasize the importance of all intangible and non-material elements, as opposed to those that characterize “cultural property”.Google Scholar

¹⁴ Costituzionalismo, published since 2003. See www.costituzionalismo.it (interestingly, the website clarifies that this journal publishes “only the contributions solicited by the editors”: my translation).Google Scholar

¹⁵ See, in particular, “Giustizia amministrativa. Rivista di diritto pubblico” (www.giustamm.it), published since 2000, and “Federalismi. Rivista di diritto pubblico italiano, comunitario e comparato”, (www.federalismi.it), published since 2003.Google Scholar

¹⁶ See Martinelli, Claudio, Gaetano Mosca's Political Theories: a Key to Interpret the Dynamics of the Power, 1 It. J. Public L. 67 (2009) (presenting Mosca as a constitutional lawyer as well as the founder of political science in Italy, against the separation between the two fields advocated by Orlando and practiced by many of his successors).Google Scholar

¹⁷ Mention must be made of an important attempt in this direction made almost twenty years ago, with the Italian Studies in Law, edited by Alessandro Pizzorusso (1992).Google Scholar

¹⁸ On the latter, see Giacinto della Cananea, Mortati and the science of public law: a comment on La Torre, in Darker Legacies of Law in Europe 321,–334 (Christian Joerges & Navraj Singh Ghaleigh eds. 2003). (emphasizing the differences between Mortati's conception of the legal order and that of Carl Schmitt).Google Scholar

¹⁹ On this issue, see, in particular, Vivien G. Curren, Comparative Law and Language in The Oxford Handbook of Comparative Law 675 (Mathias Reimann & Reinhard Zimmermann eds. 2005).Google Scholar

²⁰ See Harlow, Carol, Accountability in the European Union 7 (2006) (observing that this word has “no obvious equivalent in other European languages”).Google Scholar

²¹ Emile M. Cioran, Entretiens (1995), translated into Italian by Tea Turolla, Un apolide metafisico. Conversazioni 187 (2004).Google Scholar

²² Serena Danna, Scrittori senza Padrino, II Sole 24 ore - Domenica, n. 229, 25 August 2010.Google Scholar

²³ For a vigorous critique of these theories, see Mazzamuto, Marco, Il riparto di giurisdizione. Apologia del diritto amministrativo e del suo giudice (2010).Google Scholar

²⁴ See Giacinto della Cananea, The Regulation of Public Services in Italy, 68 International Review of Administrative Sciences 79 (2002) and Stefano Battini, Administration et politique en Italie: des logiques contradictories, 86 Revue française d'administration publique 205 2008, respectively.Google Scholar

²⁵ See, in particular, Carol Harlow and Richard Rawlings, Law and Administration (2010, 3^rd).Google Scholar

²⁶ Id., 22. (observing that the public/private law distinction is simply a fact).Google Scholar

²⁷ See Franco G. Scoca, Administrative Justice in Italy: Origins and Developments, 1 It. J. OF Public L. 121 (2009) (arguing that in the last ten years not only has the scope of activity of administrative judges has been enlarged, but that their role has been strengthened after the legislator entrusted them with the power to grant financial compensation to private parties).Google Scholar

²⁸ For further remarks of this theoretical framework, see Harden, Ian & Lewis, Norman, The Noble Lie. The British Constitution and the Rule of Law (1986) and Sabino Cassese, La construction du droit administratif: France et Royaume Uni 20, (2000).Google Scholar

²⁹ This was clear almost twenty years ago: see Loughlin, Martin, Public Law and Political Theory 1 (1992) (arguing that “much of Community law … is based on the distinction between public and private law”).Google Scholar

³⁰ See Craig, Paul, Administrative Law (2003, 5^th)(holding that EU law has been a “spur for doctrinal development in our regime of public law”) and Yves Gaudemet, Droit administratif 31 (2010, 19^th) (noting that EU does not directly change the French regime administratif, (administrative regime) but operates indirectly).Google Scholar

³¹ At least one anecdote may be briefly mentioned. In 1995, when a new, and influential legal journal, Diritto pubblico, was published, Andrea Orsi Battaglini the founding editor, made it clear that its fundamental pillars included the concept of Rechtsstaat (which conveys some of the key elements of the “Rule of law”, particularly the need to respect legislation, although both concepts have a specific ideological background and have led to very different doctrines of public law: see Martin Shapiro & Alec Stone Sweet, On Law, Politics and Judicialisation, 166 (1993)) and the defence of “the” legal method. His approach was criticized by Sabino Cassese (himself editor of the Rivista trimestrale di diritto pubblico). An unusually vivid debate for Italian standards then took place between the two: see Cassese, Sabino, Alla ricerca del Sacro Graal. A proposito della Rivista Diritto Pubblico, 43 Rivista trimestrale di diritto pubblico, 247 1995 and Andrea Orsi Battaglini, Il puro folle e il perfetto citrullo (discutendo con Sabino Cassese), 1 Diritto pubblico 639 (1995).Google Scholar

³² For an attempt to consider several aspects of public administrations, including their social role, see Pastori, Giorgio, Recent trends in Italian public administration, 1 It. J. of Public L. 2–20 (2009).Google Scholar

³³ For this line of reasoning, see Caranta, Roberto, Judicial Protection Against Member States: A New Jus Commune takes shape, 32 Common Market. Law. Revue. 703 (1995). For an excellent historical analysis of the common roots of European legal cultures, see Antonio M. Hespanha, Panorama històrico da culturajuridica europeia (1999).Google Scholar

³⁴ This metaphor is borrowed from Vivien G. Curren, supra, note 19, 675.Google Scholar