Redimensionar las potestades administrativas. La hipertrofia de un concepto en el derecho administrativo español

This paper formulates the proposal to reassess the value of the concept of «administrative authority», which means to amend the central position that in much of the Spanish doctrine of administrative law corresponds to that concept. This concept is no longer useful to explain entire sectors of administrative action and was born linked to a principle of positive binding of administrative action that does not respond to the design of the principle of legality made by the Constitution. On the other hand, its primary purpose of making the system of administrative law revolve around the ideas of the limitation of the power of the Administration and its judicial control is today insufficient. These ideas must be complemented with the use of concepts that serve to correctly fulfill the task of configuring the regulatory programming and the execution of the functions entrusted to the Administration so that it can carry them out effectively