TY - JOUR
T1 - DISCIPLINING THE IMPOSITION OF STATE SANCTIONS
AU - Wilenmann, Javier
N1 - Funding Information:
This article is funded by Fondecyt project No. 1170056 named “La conformación del derecho penal entre política y cultura”, of which the author is the main researcher.
Publisher Copyright:
© 2020, Universidad Adolfo Ibanez. All rights reserved.
PY - 2020
Y1 - 2020
N2 - The article offers a reconstruction of the application of criminal guarentees to administrative sanctioning procedures. First, the emphasis on a contentious level of the discussion is criticized. The article shows that the problem is one of institutional design. From this perspective, the article offers a pragmatic formal solution, according to which the legislator must choose between at least three sanctioning regimes, disregarding some alternatives that affect people’s rights in a particularly intense way.
AB - The article offers a reconstruction of the application of criminal guarentees to administrative sanctioning procedures. First, the emphasis on a contentious level of the discussion is criticized. The article shows that the problem is one of institutional design. From this perspective, the article offers a pragmatic formal solution, according to which the legislator must choose between at least three sanctioning regimes, disregarding some alternatives that affect people’s rights in a particularly intense way.
KW - Sanctioning Administrative Law
KW - administrative sanctions
KW - constitutional guarantees
KW - institutional design
UR - http://www.scopus.com/inward/record.url?scp=85159910215&partnerID=8YFLogxK
U2 - 10.15691/0719-9112VOL6A3
DO - 10.15691/0719-9112VOL6A3
M3 - Article
AN - SCOPUS:85159910215
SN - 0719-9104
VL - 6
SP - 235
EP - 252
JO - Latin American Legal Studies
JF - Latin American Legal Studies
ER -
