Administrative Law (Meaning and Explanation)

We explain what Administrative Law is, its principles, characteristics and branches. Also, its sources and examples.

customs administrative law immigration — Administrative law involves functions of the State such as immigration control.

What is administrative law?

administrative law It is the branch of law that studies the organization, duties and functions of the State and its institutions especially the powers of the executive branch. Its name comes from Latin I will minister (“manage common affairs”).

Administrative law is linked to Public Administration as a field of study. It also has theoretical and practical links with disciplines such as sociology, economics, psychology, political science and other branches of law such as criminal, constitutional and international law.

In its observation of everything related to the management of the State, administrative law always maintains a double objective: that of guaranteeing the effectiveness of public administration and the various processes involved, as well as the protection of the rights of individuals in their relationships with it.

Origin of administrative law

The origins of administrative law date back to the 18th and 19th centuries, with the Liberal Revolutions that overthrew the old regime and opened the door to the republican world in the West.

In this way, it is a relatively young branch of law, born together with the declaration of human rights and equality before the law of citizens. That is to say, it emerged alongside the Liberal State.

Characteristics of administrative law

Administrative law is characterized by being:

Common Well, its principles apply to various administrative matters and in all instances of the State.
Autonomous Well, it obeys its own general principles.
Local Well, it responds to the legal-political organization of each country.
Exorbitant For its scope of action exceeds private law: wherever a State exists, there will also be administrative law.

Principles of administrative law

administrative law defense — The principle of due process guarantees the right to defense.

There are four general principles of Administrative Law (although they are not the only ones that exist), known as principles of administrative procedure:

Principle of objective legality It establishes that every act emanating from a public power must occur in perfect accordance with the current law and its jurisdiction, and not to the subjectivities involved, that is, to the will of the people.
Principle of officialdom It establishes that the initiation, promotion and development of judicial and/or administrative processes must always depend on a public power body, and not on the will of the individuals involved.
Principle of informalism in favor of the administered It establishes that citizens must be judged independently of compliance with certain formal obligations, so that certain formal rigors do not hinder the search for a fair solution for their case.
Principle of due process or guarantee of defense It establishes that the State must respect all the rights enshrined by law of a person, regardless of the seriousness of the crimes he or she is presumed to have committed or proven to have committed. This implies the possibility of a defense, a legal trial under objective conditions and a punishment proportional to the seriousness of the crime committed, among other things.

Sources of administrative law

The main source of Administrative Law is the Constitution (or the corresponding Magna Carta), as occurs with other branches of law. Among its sources is also legislation with its organic, ordinary and enabling laws.

Subsequently, Administrative Law It is governed by the regulations and standards of each institution and/or state organization and ultimately by the doctrines, social facts and customs of a nation (customary law).

Branches of administrative law

administrative law urban planning — Road law intervenes in the construction of a highway.

Administrative law includes the following subdivisions or branches:

Organic administrative law Study all forms and principles of administration equally.
Functional administrative law It focuses on the study of the formal activity of the State, that is, its procedures and administrative acts.
Administrative procedural law Study the rules that govern the actions of the State.
Environmental law It focuses on environmental protection.
Urban law Study the rules that govern the construction and design of cities.
Customs law Studies the customs regime and control over imports and exports of a country.
Immigration law It focuses on the state regulations that regulate immigration and settling in a country.
Road law Study the rules that govern the layout of roads, paths and traffic.
Municipal law It studies the way the State compartmentalizes itself into smaller, local sections (municipalities).
Public procurement It deals with the regulations that govern the entry of new personnel into the work of the Public Administration.

Examples of administrative law

An example of the application of Administrative Law is any process of regulation of actions carried out by public bodies, such as the trial and sentencing of a criminal by the respective courts.