The Knowledge Of Administrative Law

The knowledge of administrative law

For the author García Maynes, "it is the branch of public law that regulates the organization of the public administration company and the various administrative persons in which they have embodied". (Maynes Eduardo, 1980; p. 8).

This area of ​​law arises from the branch of public law which must be applied for all those relations and activities between the State and its organs and entities and the social human relationship where it intervenes, whose purpose is to regulate the legal scope when there is a conflict for conflict Effect the defense of the rights of the community ensuring that account the common good.

Characteristics of Administrative Law

Administrative law is characterized by the following:

• Common: Because all public bodies apply to all.
• Local: because it is created and applied internally in accordance with the provisions of the Political Constitution of the Republic derived from its mandates.
• Autonomous: because it enjoys full autonomy by containing its own principles and a legal system other than private law.
• Exorbitant: since there is any public entity, administrative law will be applied, and in the legal relationship emanating from the intervenings there is no equal conditions because the State is the one who exercises public power and the inhabitants of the State are its administered.

These characteristics are of the utmost importance to be able to contrast this branch of law with other areas, since they provide us with their own and unique elements of which make its use indispensable and not part of another area, but enjoy their own autonomy to be able to take effect In legal life

SOURCES OF ADMINISTRATIVE LAW

The sources are those that grant the source of knowledge that is used for the creation of legal norms and procedures within the doctrines that support all laws. Therefore they constitute a set of reasoning and information from which human activity arose at different times to accentuate and give life to a specific law or law.

Therefore the sources of administrative law are all the factors, historical facts or relevant elements that directly influenced the creation of the legal norms of the administrative field.

“The sources are the Constitution, federal and local laws, international treaties, uses and customs, the political-social ideas of the rulers, social facts that engenders norms of administrative law, federal, local and municipal administrative regulations, circular, jurisprudence, General Principles of Administrative Law ". 

The above reflects that the sources of administrative law constitute activities, documents, regulations, resolutions, studies and among other factors used in previous times always by bodies that exercise command or government because they are facts that mark social, legal and politician around the Public Administration.

Relationship of administrative law with other areas of law

This relationship is given, because it is traditionally divided into categories of public law and private law that in turn includes each category a series of regulations of the different scope of different application therefore this classification is born because one regulations lead to the other or is related for interpretation and application. That is why it is related as follows:

1. With constitutional law: because the Constitution contains mandatory mandates, regulating the organization and structure of the State as well as its limitations, requirements and primary functions. The function of this right covers and regulates the three organs by which the State is composed.
2. With criminal law: it is related since, excess application or abuse and arbitrariness generate a penalty of criminal scope to traces of disciplinary administrative law that contemplates it.
3. With civil law: because sometimes it is applicable in terms of capacity, person, personality, legal business, among other figures.
4. With financial law: it is quite related because it regulates the financial activity of the State, since it constitutes part of the collection, management and administration of the public estate, this direct and immediate relationship being, since the financial standards are part of the public administration of the public administration of the Condition.
5. With municipal law: this relationship is given because the municipalities are decentralized and autonomous public entities and are related to the individual.
6. With procedural law: it is constituted as the adjective or practical part of the law, complying with the formalities of the processes that begin in the competent courts in the case of breach of the legal system that regulates the State.
7. With environmental law: in this right it is given by virtue of concessions, protection and administration of the assets of the State and the natural heritage that is counted where all those properties administered by the State are regulated and that in a way they are exploited introducing the environment in its direct and future effects.

The analysis of these relationships is of importance to structure the regulations from a hierarchical point but also of interrelation because human activities can have effects or relations with rods of law at the same time and if there is an adequate legal interpretation and technique.