What is administrative law?
Use the search bar to find what you're looking for!
What Does administrative law Mean
The administrative law is the branch of the law which is responsible for the regulation of public administration . It is, therefore, the legal system 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 an administrative or administrative assistant within a public institution or entity finds it necessary to acquire all the knowledge about the pillars, sources, functions and fundamental laws within the aforementioned administrative law.
Specifically, this will lead to training in administrative acts and their different types, the normative hierarchy, regulations and their classes, the principles of administrative organization, the principle of normative competence, the principle of non-derogability of regulations or bodies. administration peripherals.
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 area the administrative bodies can never take part in it if certain circumstances converge.
More precisely, these circumstances include having some type of personal interest in the matter in question, having some kind of professional relationship with the person directly interested in the subject, having kinship relations with that person or even having intervened in the proceedings as a witness.
Administrative law can be framed within internal public law and is characterized by being common (it is applicable to all municipal, tax activities, etc.), autonomous (it has its own general principles), local (it is linked to the political organization of a region) and exorbitant (it 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 cannot ignore the fact that administrative law has certain sources. These can be of very different types. So much so that we find written or unwritten, primary or secondary and even direct or indirect sources.
The origins of administrative law date back to the 18th 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 entailed the development of institutions for the control of the state, which was no longer in the hands of an absolutist monarch.
At present, administrative law applies to all bodies and institutions through which the public administration operates. These bodies have powers superior to those available to individuals (the imperium ). Administrative law is responsible for acting on administrative bodies when they act making use of their public powers (that is, making use of the faculty of imperium that breaks the equality between the parties).