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Ética pública y deber de abstención en la actuación administrativa.

Authors :
MARTÍNEZ LÓPEZ-MUÑIZ, JOSÉ LUIS
Source :
Derecho PUCP. 2011, Issue 68, p329-357. 29p.
Publication Year :
2011

Abstract

Ethics should promote, sustain, inspire and complement the Law, although, under social and democratic Rule of Law, it is required the entire submission of Public Administration to Law. Public employee's duty of abstention, when they find themselves in situations determined by law as under the risk of partiality or service to particular interests and not to public purposes, is only a precautionary measure that search for the best guarantee of effective submission to Law of all public power proceedings and promote citizen's trust in their authorities and public employees. Duty of abstention was built in XX century from the legal concept of recusation which is historically deep-rooted in legal field, and it is included in institutional setting. Comparison of regulations between Peruvian and Spanish Law in the administrative field promote an analysis of legal system particularities. [ABSTRACT FROM AUTHOR]

Details

Language :
Spanish
ISSN :
02513420
Issue :
68
Database :
Academic Search Index
Journal :
Derecho PUCP
Publication Type :
Academic Journal
Accession number :
102909184
Full Text :
https://doi.org/10.18800/derechopucp.201102.016