Falta de garantías para que los estudiantes universitarios interpongan un recurso ante tribunal contencioso administrativo frente a sanciones disciplinarias impuestas por las universidades.
The right administrative disciplinary recognizes the importance when it is associated with the loss of a subjective right, nor is regulated, absolute the principle of classification which calls for the implementation of the law, therefore, the adjudications set out in the rules of the generic, this...
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| Format: | bachelorThesis |
| Idioma: | spa |
| Publicat: |
2011
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| Matèries: | |
| Accés en línia: | http://dspace.unl.edu.ec/jspui/handle/123456789/20192 |
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Afegir etiqueta | Sumari: | The right administrative disciplinary recognizes the importance when it is associated with the loss of a subjective right, nor is regulated, absolute the principle of classification which calls for the implementation of the law, therefore, the adjudications set out in the rules of the generic, this here interpret comprehensively. And this is thus because the lack are violations to the generic duties, not being able to anticipate in the diverse norms the possible punishable conducts. It will be demanded that, the sanctioning norms, not that guarantee an absolute certainty, but a reasonable prediction, in the disciplinary authority lacks use the principle of the most benign law, kind than reinstatement in the use and the judicial revision is applied with specific character, yes has use in this Right the principle non twice in idem, which is not inherent only to the right that derives from the .reasoning that, like quality of the reasonable thing, it extends profusely as much to the legal action as to legal science. Indeed, no reproachable conduct can be investigated by reasonable effects to the substantial rights of the people, and here it governs the concentration principle, and the base is the theory of the identity of the actions, or the pretensions, when a scale of lack with a correlative rank of sanctions is due to establish together, whose application depends on the competent authorities, that will not be able to vary or to increase the consequences none. From the instrumental point of view, the disciplinary authority tends to investigate the existence of the administrative lack, independent of the body of the crime, its primary target is to verify, to verify or to investigate, the breach of having presumably provoked by the behavior of the people as university students, who the probatory principles belong to the general theory of the tests, instituting itself therefore the legal technique adapted soon to judge by the system of the critical rationality those that must be verified. The disciplinary procedure, will have to be developed with absolute respect to the principles pertaining to the had legal process, its strict observance will incline to the legality of the administrative activity. |
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