Resumo

CARBAJALES, Mariano. The regulatory State. Implications for the judicial control of administrative discretion. Díkaion [online]. 2019, vol.28, n.1, pp.69-89. ISSN 0120-8942.  https://doi.org/10.5294/dika.2019.28.1.3.

The objective of this paper is to rethink the criteria on which the judicial control of administrative discretion is currently based. Currently, court decisions limit the margin of discretion or free choice towards administrative authorities in unforeseen situations. Therefore, in this article we propose to show the need of a new paradigm in the judicial control of the Public Administration that, at the same time, collect, orient and regulate the rules of the economy in search of the fullest satisfaction of the common good; this, given the model of Welfare State currently in force. To doing so, the Administrative Law, together with the Judicial Power, are constituted as two essential legal tools that, more than confrontation or tension, as we have seen until today, require coordination and self-restriction.

Palavras-chave : Welfare state; economic regulation; administrative discretion; judicial control of public administration.

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