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ID: <

oai:doaj.org/article:cb74ecf745ff44d29d41116f48cadf00

>

·

DOI: <

10.5294/dika.2019.28.1.3

>

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The regulatory state. Implications for judicial review of administrative discretion

Abstract

The regulatory State. Implications for the judicial review of administrative discretion O Regulatory State. Implicações for judicial review of administrative disputes The aim of this work is to rethink the criteria on which judicial review of administrative discretion is currently based. Today, court judgments limit the discretion or free choice of administrative authorities in unforeseen situations to the greatest extent possible. Therefore, in this article we intend to demonstrate the need, given the welfare state model currently in force, for a new paradigm in the judicial review of the public administration which, at the same time, collects, guides and regulates the rules of the economy in order to ensure the fullest satisfaction of the common good. To this end, administrative law, together with the judiciary, are two essential legal tools which, rather than confrontation or tension, as we have seen to date, require coordination on one side and self-restraint on the other. To quote this article/To reference this article Mariano Carajales. ‘The Regulatory State. Involvement for judicial review of administrative discretion’, in Dikaion, 28, 1 (2019). 69-89. DOI: 10.5294/dika.2019.28.1.3. Received: 01/08/2018 Accepted: 13/09/2018

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