Administrative legality and the crisis of legal positivism

Abstract

This paper examines the principle of legality in Public Administration from the liberal conception to the crisis of legal positivism and the development of post-positivist thought. It addresses the issue of legal certainty, expensive principle to theoretical and legal professionals, which greatly influenced the liberal conception of the principle of legality. It presents the funda­mental characteristics of juspositivist thought. Exposes critical thinking to positivism that develo­ped following the collapse of liberalism, setting a counterpoint to the juspositivists features previously presented. It talks about the thought of historical jurists who have studied the subject, especially Hans Kelsen, Norberto Bobbio, Claus-Wilhelm Canaris, JJ Gomes Canotilho and Charles Eisenmann. It faces, finally, the principle of legality of contemporary administrative law, especially problems related to regulations issued by the Public Administration.