Search engine for discovering works of Art, research articles, and books related to Art and Culture
Javascript must be enabled to continue!
RULE OF LAW DISCRETION: A LIMITED POWER
View through CrossRef
Administrative discretion continues to be the main vexata quaestio of administrative law under the rule of law. Simultaneously fundamental and highly complex, administrative discretion has traditionally been used for purposes unrelated to law and material justice, as a means of arbitrariness and the abuse of power. In this article we seek to subject discretionary power to legal-administrative principles (values) and intense judicial control, precisely so that discretion is not distorted and becomes anti-right and anti-public interest. This evolution presupposes a new culture of public power, based on the functional exercise of power.
Instituto Iberoamericano de Estudos Jurídicos
Title: RULE OF LAW DISCRETION: A LIMITED POWER
Description:
Administrative discretion continues to be the main vexata quaestio of administrative law under the rule of law.
Simultaneously fundamental and highly complex, administrative discretion has traditionally been used for purposes unrelated to law and material justice, as a means of arbitrariness and the abuse of power.
In this article we seek to subject discretionary power to legal-administrative principles (values) and intense judicial control, precisely so that discretion is not distorted and becomes anti-right and anti-public interest.
This evolution presupposes a new culture of public power, based on the functional exercise of power.
Related Results
An International Rule of Law
An International Rule of Law
The “international rule of law” is an elusive concept. Under this heading, mainly two variations are being discussed: The international rule of law “proper” and an “internationaliz...
Administrative discretion in states of full democracy and hybrid regime: the example of Germany and Ukraine
Administrative discretion in states of full democracy and hybrid regime: the example of Germany and Ukraine
The study's urgency is stipulated by the need to clarify the features of administrative discretion in states with different democracy indices (different political regimes) and to d...
Autonomy on Trial
Autonomy on Trial
Photo by CHUTTERSNAP on Unsplash
Abstract
This paper critically examines how US bioethics and health law conceptualize patient autonomy, contrasting the rights-based, individualist...
Atypical business law provisions
Atypical business law provisions
The article is devoted to the vision of atypical business law provisions. It was found that the state of scientific opinion regarding atypical business law provisions is irrelevant...
On the Status of Rights
On the Status of Rights
Photo by Patrick Tomasso on Unsplash
ABSTRACT
In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions. ...
National and International Rule of Law: Proclaimed Adherence and Real-Life Policies
National and International Rule of Law: Proclaimed Adherence and Real-Life Policies
The main purpose of this article is to analyze the correlation between ‘black letter’ law and its real-life implementation. The correlation is to be examined in light of countries’...
Shifting meanings of fazhi and China’s journey toward socialist rule of law
Shifting meanings of fazhi and China’s journey toward socialist rule of law
Abstract
Scholars disagree over the nature, extent, and direction of the rule of law in China. Unlike researchers who see China’s rule of law situation as either sta...
Slaveri hos Tuaregerne i Sahara
Slaveri hos Tuaregerne i Sahara
Slavery among the Tuareg in the SaharaA preliminary analysis of its structure.Slavery is an institution of very considerable age. In Europe and the Orient it has been common for as...