Reflexiones sobre los orígenes y desarrollo de las garantías administrativas y jurisdiccionales en Francia y en España

Abstract

In the present work, we examine the origins of administrative guarantees, going back to France in the 18th century, and their counterpart in the Spanish legal order of the 19th century. In France, administrative guarantees are achieved in the hierarchical appeal, which becomes the appeal for abuse of power, together with the appeal for full jurisdiction due to injury to subjective rights. In contrast to France, in Spain the hierarchical appeal is the only guarantee, because although the appeal to higher authority represents an appeal for annulment, judiciary control only exists for the protection of subjective rights. Until the year 1956 there is no administrative litigation for annulment in Spain, but only the appeal for full jurisdiction, and only isolated provisions for annulment.