Una breve conceptualización del derecho administrativo Colombiano: La modernización aplicada a los principios del Estado Colombiano desde su máximo órgano de control
Barreto Urueña, Andrés Mauricio
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The modernization of Administrative Law and its adaptation to the new Colombian legal regime, stemming from the 1991 Political Charter, has not been a truly flexible issue. Because this process has generated great resistance and has caused a lot of doubts due to the new applications that are given to the standards. In this way it can be said that at present it is not possible to know, in tenacity, in what order Colombian Administrative Law continues to be coupled with classical legocentrism and the habitual idea of an internal and closed legal environment, alien to society, which predominated until the promulgation of the current Constitution, or if, on the contrary, it is formally directed towards the primacy of fundamental guarantees and the Bill of Rights. This article presents a brief outline of the Colombian state, where the fundamentalist modernization suffered by the Colombian legal system and the process of constitutionalization of Administrative Law will be analyzed. From this observation arise two trends grosso modo, the first a current that initiates or directs this branch of law towards its modernization and the second renewal of the ideological slopes in the State Council that seeks a sympathy to traditional conceptions or reluctance to its full harmonization with the new legal system. However, the New Code of Administrative Procedure and Contentious Administrative Law (Law 1437 of 2011), can compose an energetic promotion of legal order to the process of renewal of this branch of law due to legal postulates that harmonize the protection of guarantees of citizens regarding public administration.