The Public Administration and technical-scientific evaluations within the framework of constitutional principles

Abstract

The paper analyses, also in light of the value of science in the Constitution, the reasons why the administrative procedure can be considered the most suitable context for the performance of technical-scientifical evaluation and why, consequently, the Public Administration has a prominent role in shaping the relationship between law and science. The paper also highlights certain issues that, from a constitutional point of view and in particular taking into account compliance with the rule of law, are connected with the delegation of regulatory tasks involving the performance of technical evaluations to the Public Administration.
On that regard, the paper highlights, through an analysis of Constitutional case law, two crucial aspects: on the one hand, the definition of the subject matter of the delegation by the primary source; on the other hand, the provision of specific procedural rules. The paper sustains that these crucial aspects should be taken into account jointly given that are both fundamental to
achieve the same purpose, not one to the detriment of the other as often happens.