DISCIPLINING THE IMPOSITION OF STATE SANCTIONS

Javier Wilenmann

doi:10.15691/0719-9112VOL6A3

DISCIPLINING THE IMPOSITION OF STATE SANCTIONS

Javier Wilenmann

Research output: Contribution to journal › Article › peer-review

Abstract

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.

Original language	English
Pages (from-to)	235-252
Number of pages	18
Journal	Latin American Legal Studies
Volume	6
DOIs	https://doi.org/10.15691/0719-9112VOL6A3
State	Published - 2020
Externally published	Yes

Keywords

Sanctioning Administrative Law
administrative sanctions
constitutional guarantees
institutional design

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

10.15691/0719-9112VOL6A3

Cite this

@article{2e2f0735ea9d43e089beebcea34540d1,

title = "DISCIPLINING THE IMPOSITION OF STATE SANCTIONS",

abstract = "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{\textquoteright}s rights in a particularly intense way.",

keywords = "Sanctioning Administrative Law, administrative sanctions, constitutional guarantees, institutional design",

author = "Javier Wilenmann",

year = "2020",

doi = "10.15691/0719-9112VOL6A3",

language = "English",

volume = "6",

pages = "235--252",

journal = "Latin American Legal Studies",

issn = "0719-9104",

publisher = "Universidad Adolfo Ibanez",

}

TY - JOUR

T1 - DISCIPLINING THE IMPOSITION OF STATE SANCTIONS

AU - Wilenmann, Javier

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 - https://www.scopus.com/pages/publications/85159910215

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 -

DISCIPLINING THE IMPOSITION OF STATE SANCTIONS

Abstract

Keywords

UN SDGs

Access to Document

Fingerprint

Cite this