The three dimensions of administrative law

Resumo

My claim is that administrative law has three dimensions: legal, managerial and political. I intend to present them and to discuss their relations with each other. I also plan to show how the tridimensional framework can be helpful and contribute to the development of this branch of law. The tridimensional conception of administrative law provides relevant analytical uses. First, it allows one to understand the dilemmas involved in each administrative choice. Second, it gives meaning to the differences found in the solutions that different jurisdictions give to similar legal problems. Third, it permits to identify and rationalize historical fluctuations that happen inside the same jurisdiction. Fourth, the tridimensional framework has the merit of overcoming a monistic conception of administrative law, which for long fails to capture the complexity of contemporary public administration. And it can open room for a more realistic justification of options inside administrative law.

Ficha do documento

Tipo

Artigo científico

Ano

2019

Instituição

FGV RPCA

Fonte

Repositório da FGV

Idioma

Português

Acesso

Não informado

Identificador

oai:repositorio.fgv.br:10438/33372

Temas

Administração Pública

Palavras-chave

Administrative lawDimensionsLegalManagerialPoliticalDireito