Abstract

RAMIREZ-TORRADO, María-Lourdes. Reflections on the principle of proportionality in the Colombian administrative sanctioning law. Estud. Socio-Juríd [online]. 2010, vol.12, n.1, pp.155-172. ISSN 0124-0579.

The sanctioning power of the head of the Administration has been recognized as one of the management competences of the Administrative authority as there would be of no use to possess the jurisdiction impose an obligation or rule a behavior for the general well-being but then not be permitted to impose a sanction for non-compliance. Nevertheless this situation does not mean that the different administrative authorities have "Carte blanche" to exert such jus puniendi as they wish, and to, in this way exert this power at their discretion or arbitrarily. On the contrary they must adjust to the appropriate and graduated criteria considered by law or, in the case such does not exist, they should follow their sense of justice which proposes the imposition of an answer which is proportional to the transgression committed.

Keywords : proportionality; sanctioning power of the public administration; administrative sanctions; principles.

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