Penal populism, criminal justice and public administration: A comparison between Italian and American experience

The need to deal with the significant economic impact of the recent pandemic has prompted the government to once again seek changes to the law governing abuse of office. Although the underlying inspiration for the reform is to circumscribe the sphere of responsibility of public administrators, jurisprudence has intervened to curb the more innovative aspects of the reform. To demonstrate the limits and contradictions of such a reaction and attempt to promote the need for interventions aimed at maintaining blanket law and hyper-constitutionalisation at safe distance, this paper shall analyse American law regulating crimes against public administration and will try to highlight the merits of an approach that observes separation of powers and a guarantee culture.