Sunday, May 24, 2009

Southpark Quotes Fish Sticks the principle of administrative action, the principles of objectivity and public interest

And compared to negative freedom, so named because the obligation of non-holders of freedom, including the State is not doing, of not intervening in certain areas of activity of individuals (or groups ) there is another notion of freedom, positive or political freedom, which is one that he is acting against the practices that restrict competition.

The state should only intervene in exceptional cases, to suppress behavior of other members of society that go against the exercise of these freedoms, and comes to fulfill a dual role with respect to the guarantor holdersorganizational power of government, whilst respecting the merits and requirements of opportunity and the most advantageous option for its realization.


respect of the administrative procedure due to the end line and ethical conduct administrative and general service order and the common good, (& ldquo ;
Public Administration objectively serves the general interest ",


art. 103, 1 of the Constitution).













The separation of legality and procedure of this ethical line causes a deviation of purpose and a misuse of power, which would irregular administrative changes in the behavior of the subjects or the route of administration.










it is true that all concepts defined by law, the common interest, the general service are legal concepts and that the administration may hold upon them a wide discretion, this discretionad a Managing power, although this is subject to liability to public action. Whenever we depart from the proper exercise of discretion we entered the swamp concept of "arbitrariness" of pubic authorities.



This concept of discretion is opposed to arbitrary and are the elements of "morality" and "ethical purpose" that define this line of action procedural discretion.



This authority rests also on the effective control of the courts and the administration's own power of review of estoppel in fomra that impunity for their excess power must be controlled by the guarantees peer and judicial control by the system of democratic freedoms.


But it is very important to exhaust all the guarantees of administrative review and therefore also to stimulate in definitva what would be the fight against immunity of power by the courts. Judicial control of discretionaryality of power is not therefore a denial of the proper scope of the powers of command and even ordered a reduction of the limitation, but attempts to impose its decisions in respect of securities substantial legal.


The public interest, order of service, "best competitive conditions or guarantees" and administrative ethics, and legality and , as the procedural safeguards of public information are technical determinants of discretionary administrative controlthe validity of administrative acts. And this principle of due discretion itself to the expansive nature of the principle of administration.


so is pronounced a sentence:

"

The problem of incompatibility of public officials lic is an extreme hot and glassy and one of those where the proper legal criteria overlap ethical reviews and even political. CHT

MLXC

incompatibility is intended to ensure a certain level of professional ethics, coating the staff of a halo of prestige and honor that trust leads to citizens, that public interests are not will be devalued for the benefit of private interests of officials and their clients, prestige and honor that can be affected not only when the official acts as such in a matter entrusted to private and professional, but even when no civil service have direct intervention, it is confirmed by the Ministry or organic center serves "STS. C
o.780202/565


And this one sentence:


" The ratio characteristic of the inconsistency in respect of the public for the simple reason that the public interest in this specific situation it misses, appearing in their own interests rather than other professions, including professional ethics and dignity ... also the danger of damage or dishonor on the concept p &

0 comments:

Post a Comment