Administrative Law

Administrative Law in English


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

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

Administrative law is part of internal public law.

Origins and sources of administrative law

The origins of administrative law go 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 meant the development of institutions for the control of the State, which was no longer in the hands of an absolutist monarch.

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

In addition to all of 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 sources, primary or secondary and even direct or indirect.

Administrative law makes it possible to regulate public administration.

The case of Spain

If we take the case of Spain, for example, any person who chooses to occupy a position as an administrative or administrative assistant within a public institution or entity sees the need to acquire all the knowledge about the pillars, sources, functions and fundamental legislation within the aforementioned administrative law.

Specifically, that will lead you to train in administrative acts and their different types, the normative hierarchy, the regulations and their classes, the principles of administrative organization, the principle of normative competence, the principle of non-derogability of regulations or bodies management 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 scope the administrative bodies can never take part in it if certain circumstances converge.

More precisely, among these circumstances are 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 family relations with that person or even having intervened in the proceedings as a witness.

Administrative Law