Administrative and Disciplinary Procedure
Principles, legality and binding nature
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When we analyse the evolution of public administration, we see a contrast between the absolute state and the modern state. Administrative law comes to organise relations between the administration and the public, which is elevated to the status of citizen. From this perspective, before authorising state arbitrariness, Administrative Law seeks to guarantee the integrity of the citizen in their relations with the administrative authority. The perspective from which we should view the administrative process is that of guaranteeing fundamental rights and the normativity established in a fundamenta...
When we analyse the evolution of public administration, we see a contrast between the absolute state and the modern state. Administrative law comes to organise relations between the administration and the public, which is elevated to the status of citizen. From this perspective, before authorising state arbitrariness, Administrative Law seeks to guarantee the integrity of the citizen in their relations with the administrative authority. The perspective from which we should view the administrative process is that of guaranteeing fundamental rights and the normativity established in a fundamental law, the State Constitution. The administrative process is born out of the evolution of relations between the state/administration and the administered/citizen. Thus, it is the instrument that should lead the Administration to the best administrative decisions, always observing the founding principles of the State Constitution, which reveal the guarantee of citizens' rights. However, the institution of administrative procedure cannot become an instrument that generates privileges for the administered, as it aims to make administrative decisions fairer and guarantee legality. This is the focus of the book.
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