Potestad revisora, discrecionalidad y seguridad jurídica.

Abstract

The purpose of this research paper is to analyze the reviewing power of the Public Administration, contrasting its possible discretionary exercise and possibility of a limitation act, with the principles of legal certainty, general interest and legality, all of which are guaranteed by Ecuador’s Constitution. In order to achieve this, first, a study about the concept of public powers in Ecuador’s legal framework is done. Followed by a brief analysis of the Public Administration’s self-executing decision-making powers, that clarifies the power that the Administration has in order to self-govern. It is also included, as a part of the analysis, the concept of the administrative acts, as well of their theory of invalidity, which makes clear the type of acts that can be subject to the reviewing power. It is continued by the analysis of the possible effects that the application of this power would cause to the above-mentioned principles, because of its discretionary exercise, and the possibility of a limitation act. Finally, the conclusion states that, in the application of this power, it is necessary to seek the balance between all the rights and principles involved, and, the development of jurisprudence that defines the limits of its use, is also necessary.