THEORY OF WEIGHTING PRINCIPLES IN ROBERT ALEXY

AN ANALYSIS OF THE EFFECTS OF WEIGHTING IN THE THEORY OF THE ADMINISTRATIVE ACT

Abstract

After the Second World War, there was a movement towards providing the constitutional order with an overcoming of some of the main theses of Legal Positivism in order to seek a greater effectiveness of the Constitution, leaving the text to have a merely rhetorical character. and becoming more effective, especially in view of the expectation of realizing fundamental rights. It will then be in this perspective that several authors will emerge who, in the search for a theorization for the phenomenon, will materialize a new legal order, conceived as Neoconstitutionalism. One of the authors who will address the task will be Robert Alexy. Based on his seminal work “Theory of Fundamental Rights”, we will seek to lay the foundations of neoconstitutional thinking in Law based on his Theory of Weighting. Starting from an analysis of the beginnings of neoconstitutional theory, arriving at the studied theory, this text will then try to demonstrate how fundamental it will be for the development of the Theory of the Administrative Act in the scientific scope and how such a perspective will be of vital importance for the foundation of a new theory of modification of the administrative act. It also allows an investigation into the edition of new articles in LINDB and its relation with the theory of the act and the weighting, in order to, in the end, envision a concrete possibility of resuming the scientific character in the theory of the administrative act.