The renewed administrative law in light of conventionality control

Abstract

The new principles of public law, that that complete and enrich the ones set in the historical Argentine Constitution (1853/1860) and that were increased and re-sized radically after the year 1994 (year of the reform of the Federal Constitution), assert new legal limits to the activity of state organs, including the Public Administration. They have a significant influence in the field of Administrative Law, in light of relevant decisions of the Inter-American Court of Human Rights and the National Supreme Court of Justice of Argentina. These new paradigms no longer support the classical views on the Administrative Law. The new insights that the Inter-American Court of Human Rights (even following criteria of the European Court of Human Rights) provides to fundamental topics of this discipline currently produces - and will continue in the future - profound changes in this area of law, binding on all organs of the State including the administrative ones. The paper begins with an overview of the evolution of conventionality control and then analyzes the effects and scope of such control; the variety of legal sources that correspond to the conventional framework of human rights; the legitimate restrictions on human rights and their limits; and finally some necessary changes that must occur in some aspects of the administrative organization and its manifestations.