Police Power and Public Administration Principles
Limitations of Police Power
What are the limitations of police power? The following points explain them:
- Necessity: A police measure should only be adopted to prevent threats, whether real or likely, that might disturb the public interest.
- Proportionality and Reasonableness: This refers to the relationship between the limitation of an individual's rights and the injury to be avoided.
- Effectiveness: The measure must be appropriate to prevent harm to the public interest. To be effective, the Administration does not necessarily require recourse to the courts to carry out its decisions; this is known as self-enforceability.
Attributes of Police Power
What are the attributes of police power? The following explain them:
- Discretion: Consists of the free choice by the public authority of the appropriate means for exercising police powers, as well as the substance of the rules governing such power.
- Self-Enforceability: The possibility for effective management to execute its acts immediately without the need for prior authorization by the judiciary.
- Enforceability: Refers to the imposition of a mandatory act upon the addressee. It allows for the use of public force to ensure performance if there is resistance from the managed party.
- Negative Activity: In view of the fact that the administration does not require a specific performance from individuals, but rather their abstention, these are considered obligations not to do.
Characteristics of National Indirect Administration
- Authority
- Public Foundation
- Public Company
- Mixed-Capital Society
Basic Principles of Public Administration
The main feature of these principles is that they are mandatory for the Federal, State, Federal District, and Municipal levels. They are represented by the acronym LIMPE:
- Legality
- Impersonality
- Morality
- Publicity
- Efficiency (Tip: LIMPE)
Classification of Administrative Powers
- Linked Power
- Discretionary Power
- Hierarchical Power (Supervisor)
- Disciplinary Power
- Regulatory Power
- Police Power
Elements and Validity of Administrative Acts
The requirements for the validity of an administrative act are represented by the tip COM FI FOR MO OB:
- COMpetence (Jurisdictional)
- FInality (Purpose)
- FORm
- MOtive (Reasons)
- OBject
Classification of Administrative Acts
Linked Acts
Linked acts are those in which the law establishes the requirements and conditions for their realization. Legal requirements absorb almost the entire freedom of the administrator because the action, to be valid, is restricted to the conditions set by the legal standard.
Discretionary Acts
Discretionary acts are those that the administration can practice with the freedom to choose the content, the recipient, the timing, and the manner of its realization.
Conditions for Particular Employment
When considering employment by a particular period, one must basically take into account three choices: place, time, and extension.