1. Origins
Already in 1859, Santiago Prado, in his Elemental Principles of Chilean Administrative Law, the first book on Administrative Law in Chile and Latin America, recognized sanctioning powers for the Administration, which he considered necessary, if not essential, to obtain compliance from individuals. of his administrative duties. For this famous author, these powers contravened the Rousseauian dogma of the tripartite division of powers, and therefore their attribution could only be exceptional and limited. As an exception, only the law could attribute such powers, which, in his opinion, “delegated” to the Administration powers originally proper to the Courts of Justice. And while limited, the sanctions applicable by the Administration could not exceed the "simple correction or by way of discipline", since those that exceeded the "simple correction", considering their seriousness and harmfulness, should be exclusive and exclusive of the Courts of Justice.
Keywords:
Sanctioning Administrative Law, Public Law, Public Administration, Courts of Justice
Román Cordero, C. (2016). The principles of sanctioning administrative law. Revista De Derecho Público, (69), Págs. 24–35. https://doi.org/10.5354/rdpu.v0i69.39912
