Control judicial de la discrecionalidad de los funcionarios públicos al momento de emitir un acto administrativo.

Abstract

Judicial control of the discretion of public officials in the issuance of administrative acts is an important issue in administrative law. Discretion refers to the freedom that public officials have to make decisions in situations where the law is unclear or does not specify what to do. Judicial control involves judges reviewing administrative acts to ensure that they have been made in a fair and reasonable manner, without violating the rights of individuals. The systems of reduction and control of discretion suggest accepting that in every administrative act there are regulated and discretionary elements, allowing control of the former. Likewise, control is based on the determining facts of the case and, mainly, on the general principles of law. Judges must be free to decide based on principles such as rationality, reasonableness, proportionality, justice, efficiency, effectiveness, among others. The reform of the procedural and substantive system in matters of contentious-administrative jurisdiction is urgent in order to adapt it to the guaranteeing principles of the Constitution and to avoid normative dispersion.