Discrecionalidad Administrativa y Arbitrio Judicial (análisis Comparado de Los Sistemas de Derecho Público Iberoamericanos)

This book of Professor José Antonio Muci Borjas, referred to Administrative Discretion and Judicial Discretion (Discrecionalidad administrativa y arbitrio judicial), is divided into three parts.The first, dedicated to the study of discretion (in general) and administrative discretion (in particular), revolves around the Administrative Laws of the countries of Ibero-America. In doing so, it highlights the convergence of the different national laws of the region in the treatment of...
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This book of Professor José Antonio Muci Borjas, referred to Administrative Discretion and Judicial Discretion (Discrecionalidad administrativa y arbitrio judicial), is divided into three parts.The first, dedicated to the study of discretion (in general) and administrative discretion (in particular), revolves around the Administrative Laws of the countries of Ibero-America. In doing so, it highlights the convergence of the different national laws of the region in the treatment of administrative discretion. The coincidences in this matter and in other areas of Administrative Law have led some scholars to talk about the "Inter-Americanization" of Administrative Law in Latin America, or about the emergence of an Ius (Administrative) Commune in Latin America. But, as stated, said convergence, more than in Latin America, occurs in the different territories that make up Ibero-America, including Spain and Portugal, a circumstance to which the Código de Leyes de Procedimiento Administrativo en Iberoamérica published the Editorial Jurídica Venezolana in 2021 attests. The research also formulates considerations on administrative discretion based on rules and principles of Global Administrative Law and, when applicable, of International Human Rights Law, due to their notable influence on the national laws of the region.The second part contains a compilation of Venezuelan judicial decisions on the jurisdiction attributed to Venezuelan contentious-administrative judges and their power to substitute the Administration in the exercise of fully regulated as well as discretionary (administrative) powers, in order to highlight the evolution that has been taking place in the understanding of the principle of division of Public Power and the fundamental right to judicial protection capable of remedying the effects derived from the infringement of the law, particularly when the Administration has acted, or should have acted, in the exercise of its administrative discretion.The third and last part deals with judicial discretion under Ibero-American Laws and International Law, a modality of discretion proper of courts in the exercise of the jurisdictional function that is proper or consubstantial to them.