Sources of Administrative Law
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Professor Carlos Balbín About the class In this class Professor Carlos F. Balbín reflects on the sources of administrative law and their relationship with private law, goes through the constitutional and civil law antecedents and analyzes the sources that make up administrative law. Class structure The class contains a video and audio in mp3 format for download. FUNDS OF ADMINISTRATIVE LAW In an introductory manner, he compares the sources of civil law, law and custom, with the sources of administrative law and thus raises his first distinction. He mentions the sources of administrative law, points out the National Constitution and the international treaties that have been incorporated into it. He distinguishes different types of treaties, their categories and the secondary law that arises from them. He cites examples of rulings related to state responsibility, state discretion, the control of said discretion, among others. He analyzes the evolution of the jurisprudence of the CSJN in relation to the sources of administrative law. In a second approach, it analyses the law as a source of law and the regulatory power of the Executive Branch through decrees. The conflicts that arise from these sources of law. It analyses the principles of legality and reserve, illustrating with interesting examples. It mentions the particularities of delegated decrees and decrees of necessity and urgency, and their jurisprudential application. It explains the scope of each one through examples. Finally, it mentions other sources of administrative law below the decrees, those rules dictated by the executive branch, understood as a complex regulatory framework. It analyses their hierarchy through cases and examples. Finally, it invites students to build legal responses and to think in terms of law. Bibliography: The bibliography corresponding to the subject of the class: • Balbín, Carlos F., Manual de Derecho Administrativo, 3ª Edición Actualizada y Ampliada, Buenos Aires: La Ley, 2016. chap. 5, pp. 89/171. • Balbín, Carlos F., Treatise on Administrative Law, 2nd Updated and Expanded Edition, Buenos Aires: La Ley, 2015, volume I, chapter V, pp. 433/808.
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