Administrative law is defined as a branch of law dedicated to the study of norms and principles that govern the performance of public administration. In this way, administrative law regulates the way to organize the administration and the powers attributed to it, the relations between the different public administrations and the citizens’ guarantees in face of possible administrative actions.
It works around the essential principles among which we can highlight the following prerogatives:
- – All administrative acts have a presumption of validity;
- – In order to carry out its acts, the administration does not need to go to court. However, in case someone does not agree with these acts, then she can resort to justice ;
- – It constitutes a limit to the free performance of the administration;
- – Protects public interests;
- – It differs from the known codified rights, so the administrative becomes an alternative right.
The chiaroscuro of administrative law
In law, there is an expression that defines the most obscure areas of administrative law: “The administration flees to private law”.
Although in theory every administration should be governed by administrative law, there are certain matters that need to be governed by private law. This causes certain norms to suffer from some administrative actions, depriving the freedom of certain movements that in many cases can be translated into excessive slowness and even stagnation. Given all this, society demands faster and more agile actions, which leads the administration to want to meet this popular demand with the parking of administrative law and embarking on the path of private law.
Usually this situation can be understood as something merely circumstantial, as social demands change according to the moment, which leads to a perfect adaptation of the legislation, while in other cases this temporal change is necessary.
But in any case, ultimately, the problem is that the administration is increasingly paralyzed when it comes to acting with freedom, facing major obstacles and enjoying few resources , which ends up causing situations of authentic social injustice and difficult solution within the current legal framework.