Formalism or antiformalism in the Contentious Administrative.
Abstract: Our contentious administrative cancellation was conceived based on the reviewer dogma, of French origin. That, coupled with the prevailing legal philosophy in the era in which it was implemented and political requirements of the time, led to the adoption of a strict formalism with regards...
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| Formaat: | article |
| Taal: | Spaans |
| Gepubliceerd in: |
2016
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| Online toegang: | https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/737 https://hdl.handle.net/10895/7078 |
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| Samenvatting: | Abstract: Our contentious administrative cancellation was conceived based on the reviewer dogma, of French origin. That, coupled with the prevailing legal philosophy in the era in which it was implemented and political requirements of the time, led to the adoption of a strict formalism with regards to access to the process, both as regards theactive legitimation, as to the requirement of prior exhaustion of administrative remedies as well as regards the fixing of time limits for revocation to operate. With the neoconstitucionalismo varied vision of the law. The perspective of the legal system from the human rights, which is now imposed in the case, since the right to effective judicial protection, leads to question all those ceremonials for the benefit of access to the process. |
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