Position of the Colombian constitutional court in connection with the sanctioning power of the public administration

Abstract

Given the absence of a norm regarding the legal regime of

the sanctioning action of the Administration, the position

of the Constitutional Court as the supreme interpreter of

the Fundamental Norm becomes a key factor to determine

the extent if this faculty. The objective of this article is to

study the position of the Constitutional Court since its

creation, concerning such a fundamental aspect as is the

sanctioning power of the Administration. In this sense, we

will particularly focus on those aspects already analyzed

by the High Court, such as the concept itself, which has

been considered ius puniendi of the State; the Administration

sanctioning power, its implications, the differences between

the sanctioning Penal and Administrative Law and the

postulates presiding the sanctioning activity.