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Submitted December 2, 2024
Published 2024-12-05

Artículos

Vol. 1 No. 1 (2025): De iustitia et lege

The guarantee of due process in the administrative process


DOI https://doi.org/10.48204/j.iustitia.v1n1.a6469

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References
DOI: 10.48204/j.iustitia.v1n1.a6469

Published: 2024-12-05

How to Cite

Florez, C. (2024). The guarantee of due process in the administrative process. De Iustitia Et Lege, 1(1), 102–117. https://doi.org/10.48204/j.iustitia.v1n1.a6469

Abstract

Due process is  a fundamental guarantee established  in article 32 of the Political Constitution of the Republic of Panama,  that states that no one will be tried except by competent authority and in accordance with the legal procedures and no more than once for the same cause, criminal, police or disciplinary,  also  is developed in article 34 of Law 38 of 2000, since administrative actions in all public entities will be carried out without prejudice to due legal process; so we consider it necessary to analyze in detail its broad aspect and at the same time, its impact on the administrative procedure, since when investigating jurisprudence we observe that this is the main reason for substantiation of claims before the Third Chamber of administrative and labor litigation at Supreme Court.

     That is why we go through a documentary investigation where we study both the law and various authors, to contrast them with jurisprudence. In the judicial precedents that we take as a sign of convenience, it was found that the faults of due process are grounded causes to start administrative litigation processes.

    Therefore, when writing this article, we wanted to highlight in a didactic way, the components of due process to illustrate the readers and increase his legal acquis either as legal advisors within public institutions or to effectively demand the right of an administrator.

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