THE 8 MOST IMPORTANT ELEMENTS OF ADMINISTRATIVE LAW - CULTURE VOCABULARY - 2025

The elements of administrative law are those that make up the branch of law that determines the organization, powers and duties of the administrative authorities.

In addition, this area of ​​law takes into account the legal requirements that drive a specific operation and the remedies available to those who are adversely affected by administrative actions.

There is a different approach between the Anglo-American conception (common law) of administrative law and that prevailing in continental or civil law countries.

Administrative law is complemented by constitutional law and its function is to arbitrate the necessary means to defend collective rights, so that the interests of the community can materialize.

The 8 main elements of administrative law

1- Competition

It refers to the legality that a body has in order to act. For example, the fact of suing someone, by virtue of the characteristics of grade, subject, place and time.

The grade refers to the hierarchical position occupied by a body of the administration. A lower body cannot make decisions that correspond to a higher body, and vice versa.

The subject means the specialty of the organ, the activity or task on which it is incumbent.

The place is the spatial territory in which the exercise of the function of a certain administrative body is legitimate.

Competition by reason of time refers to those bodies that have powers granted for a specified period of time.

2- Cause

It is the origin of the conflict, the antecedents and circumstances that led to the breaking of a rule of administrative law.

For example, failure to submit an affidavit in a timely manner is a circumstance. Filing the affidavit correctly is a precedent.

3- Will

In the administrative act, will is a process through which one or more people contribute ideas to the parties of a declaration that is carried out in the exercise of the administrative function.

4- Motivation

It is what causes the administrative act to be put into action. It is a legal or factual situation provided by law as a necessary condition for the administrative law activity to be put into action.

5- Object

It is the resolution of the specific case, the practical result that is intended to be achieved. That is why the law must be possible both physically (that it can be specified) and legally (that it is not prohibited).

6- Procedures

They are the steps that must be completed before achieving the resolution of the act. The procedures are usually very meticulous and complicated, with the presentation of evidence and documentation, personal presentations and other documents.

7- Purpose

The purpose of the administrative act must be the public welfare. Personal and covert purposes should not be pursued.

Without this element, the administrative act is invalid and is considered void, as if an act of administrative law had never been initiated.

8- Shape

It refers to the way in which the resolution of the administered is known after the act has been issued. In administrative law the forms fulfill the function of guarantee.

It is the way in which the administrative will is registered and exposed. It must be documented and published, expressed or externalized.

References

1. Thomson Gale (2008) Administrative Law. 12/07/2017. Encyclopedia. encyclopedia.com
2. Edward Page (2017) Administrative Law. 12/07/2017. Encyclopedia Britannica. britannica.com
3. Ivnisky (2014) Administrative law and state. 12/07/2017. Monographs. monografias.com
4. Balbin Perfeti (2016) Administrative Law. 12/07/2017. exapuni.com
5. Jezé, Gastón (2002) Elements and Vices of the Administrative Act. 12/07/2017. The General Principles of Administrative Law. Volume 5 Chapter 4. gordillo.com