The Constitutionalisation of Administrative Law and the administrative jurisdicity: A study on the Brazilian and Portuguese case
Abstract
This paper discusses the theme of constitutionalization of Administrative Law, from the contours traced by neoconstitutionalism, while theoretical paradigm that proposes to overcome the set of theories that characterize legal positivism, through the consolidation of a model based on the prevalence of the Constitution, in normative force of constitutional principles and effectiveness of fundamental rights. The constitutionalization of the Administrative Law induces to the construction of a renewed legal administrative system, from the structuring principles of human dignity, the rule of law and democratic republican principle, with the crossing of administrative legality for administrative jurisdicity, bases the new paradigm of Public Administration democratic.
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