The constitutional principles of public administration and the practical world in Administrative Law

Abstract

The constitutional principles of public administration are still tied to the hermeneutical reception of legal positivism performed by Administrative Law. It is important to look at the historicity of the views of law themselves and the way the principles have been understood over time, from natural law to legal positivism. The constitutional principles of public administration are still influenced by this positivistic stance, as they are understood as having a content revealed by a jurisdiction of dogmatic rationality and are applied in a deductive manner, in order to reveal the essence of the positive system. The New Critique of Law provides this critical look at the understanding of the meaning of the principles as a way of introducing the practical world of law in juridical decisions, going beyond the metaphysics of content and discretion. These principles are authentic hermeneutic standards responsible for institutionalizing morals in Administrative Law, ascribing authentic meaning to legal rules.

Key words: constitutional principles of Public Administration, hermeneutics, Constitution, Law and Morals.