Tendencies in administrative law : Judicial control of soft law in the exercise of administrative function in Colombia
Objective: This article addresses judicial control over soft law instruments produced in the exercise of administrative function in Colombia. It employs a qualitative research approach involving a hermeneutical analysis of relevant doctrine and jurisprudence.
Methodology: First, it briefly explores the concept of soft law and its relation to the concept of administrative acts. Second, it conducts a doctrinal analysis regarding judicial control over administrative acts from the perspective of the principle of the effective application of norms. Subsequently, it examines the potential expansion of the scope of judicial control concerning manifestations of administrative function that do not fit the classical concept of administrative acts, with a focus on the principle of the effective application of norms and its relationship with the effective protection of rights.
Findings: Finally, it conducts a jurisprudential analysis of the various positions assumed by the Council of State regarding judicial control over manifestations of administrative function that do not strictly constitute administrative acts in Colombia. This allows us to establish fluctuations in judicial doctrine regarding the criteria for defining the scope of judicial control over soft law instruments in our country, ranging from a strict thesis to a thesis in favor of broad control over such instruments.
Conclusions: Based on the above, we conclude that there are principles in our legal framework that support the expansion of judicial control over soft law emanating from the administration in Colombia.
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