ADMINISTRATIVE LAW IN TIMES OF TRANSFORMATIONS:
BRIEF NOTES ON ADMINISTRATIVE SCIENCE
AS A SCIENCE DIRECTIVE
The text seeks to describe succinctly, for the purpose of the understanding of administrative science as a directive science, various modifications in some of the traditional budgets of administrative law. To this end, the author analyzes three specific topics: 1) the administrative procedure and the plurality of values and interests; 2) the challenges that scientific-technological progress imposes on the Law and, 3) the construction of the guarantor and regulatory State.
Keywords: Administrative law, directive science, administrative procedure, scientific and technological advances, guarantor status and regulation
The Colombian Government decided to pass under a referendum the peace accord with the former FARC. Even though the Government’s main objective was giving democratic legitimacy to such agreement, the citizens rejected it. The aftermath was an intense and creative process to mitigate the political and juridical effects of the people’s decision. In addition, even today many citizens, stakeholders, and political parties use the “no argument” as a political tool to refuse further legal development of peace accords. The paper intends to fulfill two main goals: describing the constitutional formulas that softened the legal consequences of political decisions, and evaluating how constitutionalism works as a mechanism of balance between giving proper consequences to democratic actions and decisions, and protecting constitutional rights interfered by armed conflicts.
The paper will deal with the relevance and need to generate a large space for constitutional discussion in Colombia that can be replicated in other contexts with which the same problems are shared and which can be called a NATIONAL JURISPRUDENT ASSEMBLY in which concertation takes place. of the basic aspects that a legal theory must have according to the political reality and the legal practice. In democracies in crisis due to the little legitimacy of the parliamentary body, power can not be limited by law; a general theory of law is required and, especially, a principial theory that recognizes in the principles prevailing legal norms over the other norms, that condition their validity and limit the exercise of any expression of power coming from the legislative, executive or jurisdictional body
Legal pluralism has dominated most historic times. Even though modern legal systems initially sought to centralize political and legal power in the nation-state, on the grounds of the supremacy of the law and the formal equality among citizens, the necessary search for justice and material equality brings back legal pluralism within the state. It is crucial to study legal pluralism in our societies, as many times we will find diverse legal bodies that do not coordinate and that overlap amongst themselves. Also, being aware of the existence of several valid normative bodies can help us to be more open to other perspectives, enabling dialogue and collaboration among those normative orders, for the search of common goals.
The lack of harmony between the law and both the constitutional and the treaty-based order leads to certain considerations about the current Public Law. Empirical evidence shows structural, functional and legal disagreements. By applying discordant norms coming from the aforementioned disagreements, it causes adverse impact on human rights, Public Law, the legal relationship between the State and individuals.
The causes of these disturbances have an external origin, understood as those derived from the evolution of humankind, and an internal origin, inferred from the uses, customs and idiosyncrasies of each Nation. The aforementioned causality is based on the state normative action when it dispenses with the rights and guarantees of individuals.
Therefore, the legal order must be examined by adapting its contents to national constitutionalism, humanist treaty-based order and the community integration rules, considering the interests of the different social points of view.