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 ofthe sanctioning action of the Administration, the positionof the Constitutional Court as the supreme interpreter ofthe Fundamental Norm becomes a key factor to determinethe extent if this faculty. The objective of this article is tostudy the position of the Constitutional Court since itscreation, concerning such a fundamental aspect as is thesanctioning power of the Administration. In this sense, wewill particularly focus on those aspects already analyzedby the High Court, such as the concept itself, which hasbeen considered ius puniendi of the State; the Administrationsanctioning power, its implications, the differences betweenthe sanctioning Penal and Administrative Law and thepostulates presiding the sanctioning activity.