La Administración en el Campo del Derecho: Una Breve Aproximación Conceptual
DOI:
https://doi.org/10.21501/23394536.2326Keywords:
administración, derecho, función pública, recursos, Estado, administration, law, public function, resources, StateAbstract
Al ser el Derecho una ciencia interdisciplinar, que ha requerido para su desarrollo el abordaje de otras disciplinas no solo en temas conceptuales, sino además en procedimientos y técnicas, instrumentalizado otros campos del conocimiento y se valió de ellos para garantizar la armonía en la convivencia entre ciudadanos, y para regular las relaciones entre ciudadanos y Estado, entendido como el conjunto de población, territorio y soberanía (poder). El Estado, en aras de lograr una organización que garantice la primacía de los intereses generales, así como sus fines, ha implementado un modelo de Administración encaminado al funcionamiento correcto y no excluyente de la función pública. La administración ha sido entendida como aquella ciencia social que tiene por objeto; planear la distribución de los recursos, dirigir su organización y ejercer el control sobre estos. Así las cosas, si bien en el marco de la función pública, se cuenta con los recursos mismos de la administración, debe sumársele a ello, que la administración pública, también comprende administración de funciones, pues lo que compone el ejercicio del Estado en su estructuración, es la distribución de estas para el cumplimiento de los deberes constitucionales. En este sentido, se indaga, por cuál es el significado, en primer lugar restringido del concepto de Administración como ciencia propia, para luego conocer el término compuesto de administración pública, pues tal calificativo cambia el contexto, variando además las calidades de quienes ejecutan dicha ciencia, esto es, los administradores.
Given the fact that law is an interdisciplinary science, requiring for its development the study of other disciplines – not only in conceptual issues but in its procedures and techniques- it has made use of different fields of knowledge to guarantee the harmony in the coexistence among citizens and to regulate the relations between the citizens and the State, understood as the unit formed by population, territory and sovereignty (power). The State, with the purpose of achieving an organization that guarantees the primacy of general interest, as well as its purposes, has implemented a model of administration towards the correct functioning, not excluding the public function. The administration has been understood as the social science aiming at planning the resources, managing the organization and controlling them. Hence, even if in the frame of the public function there are the resources of the same administration, it should also be considered that the public administration comprises the administration of functions, as what constitutes the exercise of the State in its structures is the distribution of those functions for the achievement of the constitutional duties. In this sense, the paper asks about the meaning, in the first place restricted to the concept of Administration as a science, to then get to know the composed term Public Administration, as this qualification changes the context, varying also the qualities of those who exercise that science, which are the administrators.
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References
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