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 | |
| State | Published - 2020 |
| Externally published | Yes |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
Keywords
- Sanctioning Administrative Law
- administrative sanctions
- constitutional guarantees
- institutional design
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