Derecho Administrativo: Introducción y Marco Legal

Derecho Administrativo

• Introducción: Defining administrative law has been a complex task, as the definition of public administration varies across time periods, legal systems, and countries.

• Administración: This term has two meanings; (a) encompassing any activity, public or private, aiming for human goals, and (b) groups/entities executing this activity.

• Public Administration: In strict sense, it relates to state and sub-state entities, fulfilling tasks for the common good.

  • It encompasses Objective/Functional (activities undertaken by the State) and Subjective/Organic (individuals or organizations responsible for those activities).

• Administrative Law: A body of rules governing the organization, operation and functions of the public administration and the relationships between the public administration and individuals.

• Venezuelan Legal Framework:

  • Notes on Venezuelan Administrative Law
  • Constitutionalization of Administrative Law

• Constitutional Regulation of Public Administration:

  • Public administration serves the public good.
  • Operated under the rule of law.
  • Accountability and transparency in public service are emphasized.

• State:

  • A modern institution.
  • Developed from medieval political structures.
  • Power consolidated from religious and feudal institutions.

• Collective Interest: Differs from individual interests.

• Public Power:

  • Exercised by state institutions.
  • Directed toward collective objectives.

• Key Doctrinal Criteria for Defining Public Administration:

• Subjective/Organic: Focuses on the structure and organization of the governmental institutions tasked with public administration.

• Objective/Functional: Focuses on the activities performed by the State in managing public affairs.

• Content of Public Administration

• Division of Powers:

  • Legislative, executive, and judicial branches.
  • Aims to prevent the concentration of power.

• Principles of Administrative Law

• Principle of Legality: Government actions are subject to the law.

• Popular Sovereignty: Popular participation in governance.

• Separation of Powers: Aims to prevent abuse of power by a single entity.

• Recognition of Citizen Rights: Fundamental rights are protected.

• Public vs. Private Interests:

• How the general interest/need of the community supersedes individual interests

• How the state's actions should be conducted to balance those two interests

• Definitions of Public Administration:

• Various approaches (subjective/organic and objective/functional).

• The concept evolves over time.