Administration impartiality as a constitutional principle

Abstract

The aim of this paper is to analyze the impartiality of the administration as a constitutional principle that should serve as an imperative for activity and as a guarantee of judicial control of administrative actions, especially decisions taken in the exercise of discretionary powers, so that they are defined as fair and oriented towards the public interest, without arbitrary or partisan influences, but as a mortar for the security, freedom and civil equality of citizens, in a context of modern complexity and the participation of social interests. To this end, the semantic dimensions of the principle of impartiality will be examined in comparison with the principles of equality and legality and their influence on the organization and functioning of the administration, highlighting its not entirely neutral but relative nature, with a view to ensuring the realization of community interests in a State governed by the rule of law.