SOURCES OF ADMINISTRATIVE LAW: MAIN CHARACTERISTICS - CULTURE VOCABULARY - 2025

The sources of administrative law are those that frame the application of laws and / or administrative regulations, and that give meaning to the implementation of these principles of law.

Two types of sources of administrative law are distinguished: formal sources -that is, the Constitution, legislation, jurisprudence and regulations- and substantial sources, which are customs, doctrines and social facts.

Administrative law is that branch of public law that normalizes the administrative functions of the State (that is, the interaction between public entities and citizens) in the field of public administration.

The 2 main sources of administrative law

1- Formal sources

The formal sources of administrative law are the legal framework that establishes the principles of creation, edition or subtraction of legal regulations.

The Constitution

The Constitution is the Magna Carta of a country. There, the legal norm that indicates how the State should be organized is detailed, based on political freedom, the rights and duties of citizens.

The Constitution is supreme in character; that is, there is nothing above it. Consequently, the Constitution cannot be contradicted by any law, fact, sentence or any isolated political act.

Legislation

Laws are the legal norms drawn up, discussed and approved by the legislative body of each country.

Therefore, legislation is understood as one of the most important manifestations of the sovereign will.

The legislation limits the free will of individuals within the environment in which they operate. Includes organic, ordinary and enabling laws.

Regulations

Regulations are regulations of a lower order than laws. In a regulation, the rules or guidelines for the application of a particular law are detailed.

Regulations can be sanctioned by the legislature or the government of a state, and are generally approved by the executive branch.

Jurisprudence

Jurisprudence is the whole and science of law, and includes the history of law applications that is given by decisions, rulings or sentences issued by the competent entities in the judicial area.

2- Substantial sources

The substantial sources are those that promote or originate the formal sources of administrative law in the social and political sphere. That is, they give context to the legal regulations.

Social facts

Also known as material sources, they are those historical facts that originate the generation of a new regulation. In essence, these are milestones in history.

For example, the French Revolution gave rise to the Declaration of the Rights of Man and the Citizen, and the Napoleonic Code.

Doctrines

Doctrines are recognized facts in a country, and are usually applied in the presence of controversial or unpublished scenarios, in which the application of the basic legal regulations is not viable.

To promote doctrines, the opinion and expertise of legal figures with extensive experience in the specific branch of study is usually considered.

Custom

From the legal point of view, customs are understood as a popular certainty derived from the common practice of a procedure.

Custom is admitted as a source of administrative law only when a law explicitly recognizes and authorizes such custom.

References

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2. Sources of administrative law, principles, laws and competition (2015). Recovered from: lacienciadelderecho.wordpress.com
3. Gordillo, A. (2013). Administrative Law Treaty and Selected Works. Buenos Aires, Argentina. Administrative Law Foundation. 11th Ed. Recovered from: gordillo.com
4. Machicado, J. (2012). Sources of Administrative Law. Recovered from: jorgemachicado.blogspot.com
5. Vegas, A. (2012). Sources of Administrative Law. Recovered from: grupo1administrativo.blogspot.com
6. Wikipedia, The Free Encyclopedia (2017). Administrative law. Recovered from: es.wikipedia.org
7. Wikipedia, The Free Encyclopedia (2017). Law. Recovered from: es.wikipedia.org