Definition Of Administrative Law

Administrative law is the branch of law that is responsible for the regulation of public administration. It is, therefore, the legal order regarding its organization, its services and its relations with citizens.

In this way, any person who, for example, in Spain chooses to occupy a position as administrative or administrative assistant within a public institution or entity sees himself in need of acquiring all the knowledge about the pillars, sources, functions and fundamental legislations within the aforementioned administrative law.

Specifically, this will lead to training in administrative matters and their different types, the regulatory hierarchy, regulations and their classes, the principles of administrative organization, the principle of regulatory competence, the principle of non-derogability of regulations or bodies. peripherals of the administration.

It is also essential that you learn everything related to administrative law and its facet of legal order. In this sense, it is vital that you discover that in a procedure within that scope administrative bodies can never take part in it if certain circumstances come together.

More exactly among these circumstances are having some kind of personal interest in the matter at hand, having some kind of professional relationship with the person directly interested in the subject, having relations of kinship with that or even having intervened in the procedure as a witness.

Administrative law can be framed within the internal public law and is characterized by being common (applicable to all municipal activities, tax, etc.), autonomous (has its own general principles), local (is linked to the political organization of a region) and exorbitant (exceeds the scope of private law and does not consider a level of equality between the parties, since the State has more power than civil society).

In addition to all the above we can not ignore the fact that the administrative law has certain sources. These can be of very different typology. So much so that we find written or unwritten sources, primary or secondary and even direct or indirect.

The origins of administrative law go back to the eighteenth century, with the liberal revolutions that ended up overthrowing the so-called Old Regime. The new political systems contemplated the existence of abstract, general and permanent legal norms to regulate the relations between the State and the citizens. On the other hand, the new order supposed the development of institutions for the control of the State, that no longer was in the hands of an absolutist monarch.

Currently, administrative law applies to all bodies and institutions through which the public administration acts. These organs have powers superior to those available to individuals (the imperium ). The administrative law is responsible for acting on administrative bodies when they act using their public powers (ie, making use of the power of imperium that breaks the equality between the parties).

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