The administrative law is the legal framework within which carries out public administration . It stems from the need to create and develop a system of public administration under the strict order of the law , a concept that can be compared to the much older notion of justice under the law. Since administration involves the exercise of power by the executive branch of government, administrative law is of constitutional and political as well as legal importance .
It is the branch of law whose function is to regulate the public administration , it is the legal order of the organization, the services and the relations between them and the citizens that make up a State.
- What is administrative law?
- Object of administrative law
- Importance of administrative law
What is administrative law?
Administrative law consists of an entity in charge of the organization , powers , duties and functions of public authorities of all kinds dedicated to administration; their relationships with each other and with citizens and non-governmental organizations ; and the implementation of different legal methods to control public administration ; and the rights and responsibilities of officials.
It is complemented by constitutional law , and the line between them is difficult to differentiate. The organization of a national legislature , the structure of the courts , the characteristics of a cabinet, and the role of the head of state are generally considered matters of constitutional law .
The main characteristics of administrative law are the following:
- Administrative law is common because it is applicable to all municipal and tax activities, etc.
- It has autonomy because it has its own general principles.
- It is local because it is closely linked to the political organization that a region owns.
- It is considered exorbitant since it exceeds the scope of private law and does not consider a level of equality between the parties, this because the State is an organism that has more power than civil society .
- It has certain sources which can be of very different types , thus having written or unwritten, primary or secondary and even direct or indirect sources.
- It can be applied to all the bodies and institutions through which the public administration acts.
Administrative law has different principles that are:
- Principle of legality : you must act with respect for the Constitution , the law and the law .
- Principle of due procedure : the administrated enjoy all the rights and guarantees of due administrative procedure, which gives them the right to present their arguments, to offer and produce evidence and to obtain a reasoned decision based on law.
- Principle of ex officio impulse : the authorities must direct and promote the appropriate acts for the clarification and resolution of situations.
- Principle of reasonableness : the decisions of the administrative authority must adapt to the limits and maintain proportion between the means to be used and the public purposes that it must protect.
- Principle of impartiality : there can be no discrimination between those administered, the procedure must be the same in accordance with the legal system and the general interest.
- Principle of presumption of veracity : it is presumed that the documents and statements respond to the truth of the facts that they affirm.
- Principle of procedural conduct : all participants in the procedure carry out their procedural acts guided by mutual respect , collaboration and good faith.
The elements of administrative law are those that are in charge of the organization, powers and duties that administrative authorities have, for this reason the competence or legality of action , the cause or origin of the conflict, the will where it is established have been established as elements. They provide ideas, the motivation that produces the administrative act to be executed, the object or result to be achieved, the procedures , the form and the purpose .
The sources of administrative law are those that are responsible for the application of laws or regulations and at the same time give implementation to the law. There are three main types of sources:
- Formal that include the Constitution , legislation , jurisprudence and regulations ; establishes the principles of creation, edition or subtraction of all legal norms
- Substantial that imply customs , doctrines and social facts . They are related to society and politics and give context to legal regulations.
- Materials : facts of history that give rise to a new regulation.
Object of administrative law
The main object of administrative law are all those political , ideological , moral , social and economic situations that establish the actions and practices of the State , the way in which they are organized and the objectives that are predicted.
Its main antecedents were the monarchy , the French Revolution which was political, social and economic and where it was possible to build a state of law ; the evolution of administrative law as part of law; the progressive guidelines of the current reality of law.
The origins of administrative law date back to the 18th century , with the arrival of the liberal revolutions that eliminated the Old Regime . The new political systems that emerged ensured the existence of abstract, general and permanent legal norms in order to regulate the relations between the State and the citizens. On the other hand, the new order involved the development of institutions that could control the state, which was no longer in the hands of an absolutist monarch .
Importance of administrative law
The importance of administrative law is based on the set of rules and principles that are responsible for regulating and governing the exercise of the administrative function . It is for this reason that administrative law is the legal regime of the administrative function and monitors the way of acting of the administrative part.
Some examples of administrative law are as follows:
- The regulation and facilitation of interactions with public organizations .
- The creation of a legal framework that increases the efficiency of administrative processes within public institutions.
- Maximize social welfare , focusing on providing services to the maximum number of users possible.