Las facultades discrecionales en el estado social de derecho colombiano: una aproximación a la discrecionalidad técnica desde la doctrina y la jurisprudencia

Abstract

In this paper grade a collection, assessment and analysis of relevant national jurisprudence, specialized doctrine and legislation in Colombia on administrative discretion is performed in order to determine whether there is difference in our system background in the processing of technical discretion between the administrative and constitutional law. Likewise, it is emphasized that in a social state of law like ours, it is necessary that the administrative task approaches increasingly constitutional ideals of transparency and social justice, so that decisions are taken, are always subject the principles of legality and due process, and in any case, propitiate by safeguarding the common good and general interest