Contributo “cosmopolita” para o estudo das singularidades metodológicas jurídico-administrativas
DOI:
https://doi.org/10.21814/sj.5915Keywords:
Legal methodology, Separation of powers, Constitutional Law, Administrative Law, European Union LawAbstract
Administrative abidingness to the Law raises particular methodological challenges based on what the principle of separation of powers establishes for administrative compliance with the principle of legality, in particular with reference to the definition of the applicable Law, the administrative control of the constitutionality of the laws, as well as its discretionary implementation. The challenges encountered here are increasingly global, compared between different legal systems, just as they are increasingly cosmopolitan with the supra-state opening of the system of sources of administrative law. This paper aims to enunciate both the singularities of administrative binding to the Law as to evaluate the most recent novelties imposed by its cosmopolitan openness.