From constitutionalization to democratization of Administrative Law

Abstract

This article analyzes the phenomenon of constitutionalization of administrative law, its causes and consequences, in particular, as a corollary, the mitigation of the principle of administrative legality by the new conception of legality, to promote the public-administrative exercise of the evaluative interpretation of the law, in the light of the law and, broadly, the law, this conceived as a complex of principles and legal values, related to the normative order as a whole. Corollary said phenomenon, there is what can be called the need for democratization of this branch of public law. Through a qualitative analysis, it concludes that administrative law, especially in its atypical function of concretization of the law, is directly linked, a priori of the law, to constitutional law, for the direct realization of fundamental rights. , as a substantial face of the public interest, and this administrative scope cannot be satisfactorily achieved without greater social participation in state decision-making processes.