Introduction
The purpose of this work is to publicize the topic of Administrative Law of Science to the Administration, since it has always been present in human life, although on many occasions it seems to be absent, since it almost always goes unnoticed by the simplicity and simplicity where it is applied, however it is a fact that human needs and associations have grown, so has the need to develop an effective function of administration in our social environment in which we live.
As can be seen, administrative law was still a poorly cultivated science among Mexicans, and it was in France that an attempt was made to establish it as a science based on positive principles, and such a broad concept of administrative law relates it to public law, to which it conceives as the science of the principles of the organization of civil society, or more precisely, the science of the organization of social powers. The difference between public law and administrative law is that the former involves all social powers, as long as it is incumbent on the action of the executive power.
To understand that administration is an act of human coordination (individual and group) to achieve objectives.
It should be noted that under this premise, the Italian author mainly cultivated administrative law. We refer to Lorenzo Meucci and his book Institutions of Administrative Law, Rome 1879. Meucci also endeavored to distinguish science from Public Administration and administrative law, but the examination of the former is restricted to its links with that law. The science of public administration corresponds to the material aspect, while the administrative law touches the formal, the first belongs to the relations between the state and society, while the second is only interested in the organization of public administration, and their legal relationships between them and citizens.
As for the science of administration, it is aimed at the study of administrative fact, it is applied to examine what is administration, what should be and what will be. However, it simply seeks to understand a reality thanks to scientific research.
It is important to mention according to Meucci conceived of the state as the public power in which two moments can be found; that of its constitution and that of its action. That is why it makes mention of this phrase: like man, who is born and who works, the state is formed and operates.
Finally, I want to make it clear that I have prepared this work very carefully, with a legitimate inspiration that things change in my state, however this will be the beginning of my own research in which it motivates me, my people, my people, my family and my country. With humility I present this work trying to contribute something of administrative law in relation to the science of administration.
The importance and objective of the administració
Man as a social entity, since its inception has manifested needs to interrelate with its environment, a situation that goes hand in hand with his natural curiosity to research to find answers to the problems that arise in the environment that surrounds him.
From the above it follows that within a more important social organism is the Administration, since this seeks to obtain efficiency results in coordination and only through it is the maximum use of resources achieved.
Topic: Administrative Law in relation to Administration Science
Origins of the administration
Despite the fact that administration as a discipline is relatively new, the history of administrative thought is very old, since it was born with man himself, since at all times there has been a need to coordinate activities, make decisions and execute, hence that in the ancient administration there are many of the administrative foundations of today and that can be seen in the Hammurabi code, in the new testament, as well as in the way of conducting affairs in ancient Greece, Egypt, Rome and China, where are vestiges of the administrative process.
The church was the highest authority body that existed in Greece and all citizens were part of it, decisions were made by majority vote and they were irrevocable.
In Greece the emperor Pericles, 430 years old, before Christ, left testimony of the need for the selection of adequate personnel and made an analysis of Greek democracy.
Egypt had a broad administrative system with a planned economy and a powerful central government based on force and compulsion. Here the first civil service system was created.
The German sociologist Max Weber did a study on the ancient administration of Egypt, concluding that defined and systematic procedures were applied and a bureaucratic administrative system was used.
Administration and organizations are the product of their moment and their historical social context. Thus, the development of management theory is understood in terms of how people have resolved the issues of their relationships at specific times in history.
The current state of administrative theory is quite complex, as it allows you to approach your object of study in various ways and group a wide range of variables that must be taken into account.
To define administrative law, our object of study, it is necessary to clarify that there are several criteria from which it can be examined; legalistic, legal, doctrinal, formal, realistic, public service, negative, finality, etc.
The definition of Administrative Law is the set of rules and principles of internal public law, which aims at the organization and operation of the Public Administration, as well as the regulation of inter-organic, inter-administrative relations and that of administrative entities. with the administered.
This is why the knowledge base of “the administrative” implies the prior recognition of the existence of a power relationship (which appears as an element of the State abstraction), with all the force that it entails: command, supremacy and obedience. Administrative Law as a discipline rises in favor of the administered, constituting itself at the limit of the Administration's actions, seeking to prevent its advance in the sphere of personal rights and it is a fence to the extension of the exercise of power.
According to Bonnin, that the science of the administration is the science of the general interest and that it looks at the continuously renewed public interest, by public interest we must understand the meeting of those natural and universal needs and relations, whose expression are the laws and the power of you are the regulator.
During the 19th century, the science of administration was lost again, albeit partially, which led certain people to create new administration sciences in the early 20th century and others more extraordinarily naive to believe in them. This was the time when the management ism was consecrated and then the studies on the organizations that knew how to accommodate themselves temporarily in the gap left by the Science of Administration.
I consider that the science of administration according to the aforementioned author from my point of view is the science of the relations between the community and individuals and the means of preserving those same relations by the actions of the laws on persons and properties in everything that concerns the social order, is therefore the public space where the civic life of society unfolds.
Since then, the science of administration has been a matter of study and reflection, although it is true that improvisation and forgetfulness have caused our discipline to have gone astray more than once, the degree that some think that it has no past, nor its Knowledge object has the rigor of a science.
conclusion
From my point of view, according to the author Lorenzo Meucci, I consider administrative law to be a branch of public law, which seeks to regulate the relations of the state as such and the governed.
So much so that for this author he is a cultivator in the essentials of Administrative Law. Meucci is largely a follower of the ideas of the most distinguished of Italian thinkers.
He says that the science of administration corresponds to the material aspect, while administrative law touches the formal, likewise, he maintains that the first corresponds to the relations between the State and Society, while the second is the Organization of Public Administration and the legal relations between them and citizens.
As regards administrative law by its very nature, it is abundant in terms of regulations and laws that require constant adaptation based on the technological advances that are taking place day by day in our society in which we live.
Therefore, the administration itself respects the ends that it must pursue, for example; if it is formally stated that the administration should be subordinate to the political power, how to ensure that such submission is effective.
As for the science of administration, it also tries to extract the precepts for the proper functioning of the administration, and relying on knowledge of the past and present.
For the founder of the modern administration, Woodrow Wilson said with deep knowledge and was correct that there must be a science of administration that straightens and purifies its organization and that respects the fulfillment of its duties. There is reason for such science to exist.
Administration science is an ancient science that has an enormous past and a vast historical legacy in administrative and government teaching.
But in current times things have changed and, once the science of administration has recovered its identity and authenticity, the intellectual fashions of the present have begun to be displaced, today the countries of the world are again interested in the study of the state activity and the science of the administration occupies the seat that corresponds to it again.
Bibliography
- "Lorenzo Meucci" and his book Institutions of Administrative Law, Rome 1879. Public administration as a science, its object and its study. Author José Juan Sánchez González. First Edition: January 2001. Theory of State Administration. Author Omar Guerrero Orozco. First Edition: January 2000. Theory of Public Administration. Author Miguel Galindo Camacho. Editorial Porrúa México 2000. Public Administration in Mexico. Contemporary Authors. The Work of Omar Guerrero. First Edition 1997.
