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Spanish Administrative Traditions in the Context of European Common Principles

Andrés Boix-Palop

出版	SSRN, 2016
URL	http://books.google.com.hk/books?id=rjf_zgEACAAJ&hl=&source=gbs_api

註釋

In this paper, we try to define 'national traditions' in Spanish Public Law by reviewing Spanish Constitutional History, specially its evolution along the 20th century (Republic, francoism, democratization in the 70s and the EU accession). Using some criteria defined by scholars like Le Sueur, Gonod, Edelstam or Schmidt-Aßmann, this paper characterizes Spanish Public Law as rather authoritarian, even though Spanish Constitution of 1978 and the fact of being a Member of the European Union since 1986. The idea that an "administrative authority" should be in charge of public affairs, and thus enjoying a very large room of manoever, is deeply rooted in the general mood of Spanish administrative legal order and citizens. This feature explains some other "traditions" of our Public Law, such as its capacity to formally change and evolve... as long as the elites (administrative, political, economical and social ones) in charge accept this evolution.