Aplicación del derecho administrativo como herramienta de tutela efectiva de los derechos humanos: fundamentos constitucionales de la modernidad del estado
The Public Administration exercises powers and abilities that are bestowed upon it by the Constitution, by international human rights instruments, and by the Law itself. The fundamental purpose of the constitutional State is oriented towards the coverage and satisfaction of the citizen´s freedoms. T...
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| Format: | doctoral thesis |
| Status: | Published version |
| Publication Date: | 2023 |
| Country: | España |
| Institution: | CBUC, CESCA |
| Repository: | TDR. Tesis Doctorales en Red |
| OAI Identifier: | oai:www.tdx.cat:10803/688454 |
| Online Access: | http://hdl.handle.net/10803/688454 |
| Access Level: | Open access |
| Keyword: | Dret administratiu Derecho administrativo Administrative law Administració pública Administración pública Public administration Sumak kawsay Avaluació de l'estat Evaluación del estado State evaluation Adhocràcia Adhocracia Adhocracy Potestat reglamentària Potestad reglamentaria Rulemaking Control de l'administració Control de la administración Administration control 342 |
| Summary: | The Public Administration exercises powers and abilities that are bestowed upon it by the Constitution, by international human rights instruments, and by the Law itself. The fundamental purpose of the constitutional State is oriented towards the coverage and satisfaction of the citizen´s freedoms. Thus, a renewal of the principle of legality of Administrative Law is presented. The Public Administration is not only governed by the national legal system, but also international conventionality, from the vision of protection and guarantee of rights, provides supranational normative regulations (rulemaking). Inside the activity of state institutions, administration and the exercise of government power are combined with the guarantee of the rights of those administered. Under this provision, public entities configure their activity, build the vision and institutional mission with the primary orientation and a broad exercise of regulatory power. This design of the Public Administration is carried out based on a Eurocentric legal-dogmatic criterion; that implemented in a multi-national, multi-cultural and multi-ethnic state, where customary law is proclaimed, supposes new challenges for the Administration. The renewed administration-administered legal relationship is investigated, in which the intervening parties are assumed to be constituted as active subjects capable of producing reciprocal, modeling and obligatory legal effects. The legal system and the science of Administrative Law have developed a system that offers the administered mechanisms to pursue means of challenging, disputing and to receive compensations, which in time are activated in the face of an administrative action that causes grievance. The jurisprudence of the matter has developed a ratio decidendi to expel from the legal order the illicit actions of the State. In the research paper, an analytical study of the administration's operation is carried out, not only from the compensation system, but from the missionary management that protects the rights of the people. The powers of the public administration that determine the conformation and coverage of the state in the territory, the legal mechanisms of coordination and cooperation and the produced legal associations are the object of study under the legal science with a particular emphasis on the auditing power of regulation. An evaluation of the administrative management of administrative entities in Ecuador is carried out in order to verify compliance, not only under the principle of legality, but also taking into account the right to liberty. It seeks to identify the institutional existence of the constitutional state from the evaluation of public administration |
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