The myth of article 87 of the 1925 constitution and the incompetence for judicial review

Abstract

This article examines administrative justice in the 20th century and questions the alleged incompetence that Article 87 of the 1925 Constitution is said to have imposed on ordinary courts. The thesis of incompetence has been widely accepted in national legal scholarship, but it is based on a partial and superficial analysis of case law. A closer examination reveals that the incompetence was limited and driven by substantive reasons beyond the scope of Article 87. The 20th century records a valuable practice of judicial review that has been obscured by the thesis of incompetence, leading to a distorted historical view of our administrative justice.