Administrative Law: A Comprehensive Guide to Public Administration
Administrative Law: A Comprehensive Guide
Knowledge of Administrative Law
Administrative law is a unified and systematic body of knowledge concerning the rules, events, and social institutions related to public administration, employing specific research and development methods.
Object of Study
- Social phenomena in public administration
- Legal institutions
- Social evolution
Techniques
Instruments and media that serve to create, implement, and interpret administrative law.
Applicable Methods
- Inductive: Establishing principles through research and examination of the constitutional system.
- Deductive: Applying general principles to specific cases.
- Experimental: Gaining knowledge through background, outcomes, and consequences.
Systematization
Logical and orderly arrangement of elements within a whole, maintaining the unit of study.
Law
A bilateral system of rules, external, heteronomous, customary, and rooted in spiritual and ethical principles, guiding and regulating the interactions within a particular human society.
Concept Criteria
- Legality of judicial power
- Criterion of legal relations
- Criteria of public servants
Administrative Law Concepts
- Sensu lato: The set of legal rules governing the organization, structure, and activity of the state.
- Stricto sensu: The set of public laws regulating the executive branch, public administration, and related activities.
Law: Private vs. Public
- Private Law: Rules governing relations between individuals.
- Public Law: Rules governing the structure, organization, and functioning of the state and its activities in fulfilling its purposes.
Relationship with Other Branches
Administrative law interacts with various branches of law (constitutional, procedural, international, criminal, civil, commercial, etc.) and other disciplines (political history, sociology, economics, statistics).
Sources of Legal Knowledge
- Formal: Law, jurisprudence, customs
- Real and Historical: Factors contributing to the creation of legal standards and supplementary legal principles.
Codification
A unique law that systematically regulates a branch of positive law, containing both substantive and adjective rules. Codification has been a postulate since the Renaissance, driven by the need for systematization and order.
Criteria for Codification
- Appropriate codification
- Partial codification
- Codification of material standards
Juridical and Social Reality
Human interaction with nature, evolving from primitive groups to organized societies settled in territories with specific orders, activities, and goals.
State
The sovereign body of a human society established in a given territory, under a legal regime, with independence and self-rule, governing bodies, and administration, pursuing specific activities and goals.
Elements of a State
- A social group
- A territory
- A legal order
- Sovereignty
- A government
Legal Personality
- Physical
- Collective
State Legal Personality
- Public Law
- Private Law
Forms of Government
- Parliamentarism: Political supremacy resides in the legislature, with separate heads of government and state.
- Presidentialism: Preponderance of the executive branch, with one person as both head of state and government.
Mexican State Form
(Art. 40) A representative, democratic, and federal republic composed of sovereign states united in a federation.
Branches of the Mexican Federal Government
- Executive: President and Secretaries of State
- Legislature: Congress (Chamber of Deputies and Senate)
- Judiciary: Supreme Court, Collegiate Circuit Boards, Collegiate Courts, and District Courts
Public Administration
The part of the state organs, dependent on the executive power, responsible for state activities not developed by other powers. Its action is continuous and permanent.
Forms of Administrative Organization
- Centralization
- Decentralization
- Deconcentration
- Corporations and State Enterprises
State Organs
Elements and personnel with legal structure and jurisdiction to conduct specific state activities.
Administrative Centralization
A form of administrative organization where public administration units are arranged hierarchically.
Governing Public Administration System
Civil Service Organic Law and Federal Law for Federal Government Entities.
Parallel Powers
- Federal Electoral Institute
- Electoral Tribunal
- Bank of Mexico
Autonomy
- Regulatory
- Financial
- Organizational
- Administrative
Head of State
Represents the nation and receives honors.
Head of Government
Heads the federal public administration.
Secretary of State
A political and administrative officer assisting the President in a specific branch of state activity.
Provisional President
Appointed by the Permanent Commission of Congress exclusively during congressional recess.