We explain what Administrative Law is, its principles, characteristics and branches. In addition, its sources and examples.
Administrative law is the branch of law that studies the organization, duties and functions of the State and its institutions , especially the powers of the executive branch . Its name comes from the Latin minister (“handle common affairs”).
Administrative law is linked to the Public Administration as a field of study. It also has theoretical and practical links with disciplines such as sociology , economics , psychology , political science and other branches of law such as criminal , constitutional and international.
In its observation of everything related to the management of the State, administrative law always maintains a double objective: to guarantee the effectiveness of public administration and the various processes involved, as well as the protection of the rights of individuals in their relations with that.
The origins of administrative law date back to the 18th and 19th centuries, with the Liberal Revolutions that overthrew the old regime and opened the door of the republican world in the West.
Thus, it is a relatively young branch of law , born alongside the declaration of human rights and equality before the law of citizens . That is to say that it arose together with the Liberal State.
The first body in charge of exercising it was the French State Council . He was in charge of supervising the power of the State, since at that time the judges from the Old Feudal Regime were distrusted to serve as a single counterweight to the State.
Administrative law is characterized by being:
There are four general principles of Administrative Law (although they are not the only ones that exist), known as principles of the administrative procedure:
The main source of Administrative Law is the Constitution (or the corresponding Magna Carta), as with other branches of law. Among its sources is also the legislation with its organic, ordinary and enabling laws.
Subsequently, the Administrative Law is governed by the regulations and regulations of each institution and / or state organization , and ultimately by the doctrines, social facts and customs of a nation (customary law).
Administrative law includes the following subdivisions or branches:
They serve as an example of the application of Administrative Law any process of regulation of the actions carried out by public bodies, such as the trial and sentence of a criminal by the respective courts.
Also an example is the challenge of an election in which the fundamental principles contemplated in the Constitution were not guaranteed, or even the act of “ impeachment ” or dismissal of a public official because it is considered to have disrespected the fundamental administrative principles.
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