- January 2014
International Standard Serial Number (ISSN)
- The aim of this paper is to analyze the dogmatic necessity of the administrative sanctioning regulation reconstruction. For that purpose, the paper examines the possible advantages of the acceptance of the fully administrative nature of the sanctioning power, in particular, providing sufficient support to problem-solving mechanisms that are common in its regulation. One example is the highly dispersed character of the administrative sanctioning rules, due to the lack of a suitable unification of its general regime. It therefore follows that it is not the intention of this paper to subject the exercise of all sanctioning power's positive expressions to an only and rigid legal framework. Each public policy's object articulated through a specific administrative program using that power, puts its stamp on that object, as it must be the case. But precisely that inevitable typological diversity needs a common system created from itself, in order to train it only to the necessary extent, specially with respect to the effect of the sanction on both, the affected citizen's juridical sphere and the transcendence of the guilt in the infraction's assessment.