Administrative democratization: the participation of citizens in the Portuguese administrative system
Administrative democratization: the participation of citizens in the Portuguese administrative system

Author(s): Bárbara Magalhães Bravo, Isabela De Mello, Carlos Oliveira Branco
Subject(s): Public Administration, Public Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: Portuguese Administrative System; democratization; citizens’ participation; authority power; discretionary power;
Summary/Abstract: This article is the result of a set of research related to Administrative Law and its evolution in Portuguese national territory. It takes as its starting point the evolution of the Portuguese Constitutions in the political systems since the first Republic in 1911until today, taking into account its importance and its direct relationship with Administrative Law. In fact, the Constitution as a legal diploma is the basis of the entire Portuguese legal system, and thus the basis of all public law. In parallel, it is analysed the participation of Portuguese citizens in the evolution of the Portuguese Administrative System, and in that sense the way it is affected and inspired some of its Fundamental Principles. It will be also discussed some of those structural principles in the system and, as well, how the right of participation is behind some of the changes in the rule of law. Subsequently, and as a consequence of the theoretical development, practical issues will be addressed in relation to the powers admitted in the discretionary exercise of the Public Administration, such as the privilege of prior execution based on the public interest. All of this is based on the Administrative Procedure Code of 2015.

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