The principles of Administrative Law: its positivization

Abstract

In Administrative Law, being a branch that originated late in relation to others and considered as a branch in formation, the principles played a fundamental role in its emergence and development. Historically, the principles served to originate positive norms, without being stated or defined in these norms. The incorporation of the principles into the different types of norms that make up the legal system is a relatively new phenomenon. The enunciation of the principles in the written norms originated in international instruments, later it was incorporated in the constitutions and recently in the laws. Finally, the legal system not only named them, but also defined them, this is the case of the ecuadorian Organic Administrative Code which, in its content, enunciates and defines several principles. The principles are general and have a great capacity for abstraction, which allows them to carry out their foundational, interpretive and integrating function of the norm. This work, through the qualitative, historical-logical and inductive-deductive method, based on the bibliographic review of various authors and historical regulations, analyzes whether its positivization guarantees legal certainty in the application of the principles or limits its scope to the point of distorting its essence.