The violation of the principle of proportionality as a characterizing element of abuse of power in Public Administration

Abstract

The limiting function of the legal principles is relevant expression in the principle of proportionality, which states that, for the avoidance characterized abuse of power, there must be adequate conduct of the agent to the purpose intended by the legislature with the issue of standard and celing, the public interest. Thus, given that the principle of proportionality can be summed up in the expression "adaptation of means to ends," abusive conduct will therefore be disproportionate. It has to be, Thus, the abuse of power by public authorities will only take place in the administrative harvest, when the non-compliance with the salutary principle of proportionality.