The State liability in the current rule of law
Abstract
The creation of legal entities or institutions —instrumental entities of the government administration— to implement a change in the system of the activities assigned to the government administration, is aimed at eluding the administrative law thereby, making the state’s responsibility unviable. However, this distorts the very reason for the existence of the state’s public entities, since it makes no sense to exempt the State from responsibility when the activity that causes the damage has been placed by it, in the hands of a third person who exercises it. Facing this, and considering that a society that fails to recognize that the government administration must meet the general objectives subject to the full extent of the law, «or that recognizing it, adds observations or exceptions thereto, does not truly live under a system of rule of law» (Duguit), the «communicability» of the responsibility has been proposed so that the citizen damaged by a public entity is not deprived of a fair redress
Downloads
Metrics
Métricas alternativas
The authors retain their copyrights and register under the Creative Commons Attribution 4.0 International License (CC BY 4.0), which allows the use of the published material (adapt - remix, transform and build - and share - copy and redistribute - the material in any medium or format).
1. The journal allows authors to retain their copyrights of submitted articles without any restrictions.
2. Authors retain the right to share, distribute, copy, perform and publicly communicate the article published in Revista Oficial del Poder Judicial (e.g., place it in an institutional repository).
3. Authors retain the right to make a subsequent publication of their work, to use the article or any part of it (for example: a compilation of their work, notes for conferences, thesis, or for a book), as long as they indicate the source of publication (authors of the work, journal, volume, number and date).
