Curso de Derecho Administrativo en México 2020. | Unidad I El Estado.

Welcome and Course Introduction

The instructor introduces the course on Administrative Law in Mexico for 2020, outlining the topics covered.

Course Content

• The course covers eight units:

• The State

• Administrative Law

• Administrative Normativity

• Public Service

• Public Administration

• Administrative Act

• Administrative Sanction

• Administrative Responsibility Procedure

• Understanding the State:

• The concept of the state is explored, tracing its origins to Western Europe where market dynamics and sovereignty played crucial roles.

• Historical Perspective:

• Niccolò Machiavelli's use of the term "state" in his book "The Prince" marked a modern interpretation, emphasizing governance and power dynamics.

• Elements of the State:

• Population, territory, government, legal order, and common good are identified as essential components defining a state's identity and purpose.

Evolution of States

Discusses how states have evolved over time based on economic structures and societal organization.

Evolutionary Phases

• Primitive State:

• Emerged with sedentary lifestyles leading to agricultural specialization and early forms of trade.

• Slaveholding State:

• Characterized by exploitation where slaves were integral to production processes across civilizations like Egypt, Greece, Rome.

• Feudal State:

• Transitioned from slavery to serfdom during the decline of the Roman Empire, shaping medieval society through land ownership arrangements.

• Absolutist State:

Understanding Political Systems

This section delves into the evolution of political systems, from feudal states to modern forms of governance like liberal, interventionist, socialist, fascist, and welfare states.

Feudal State Evolution

• Feudal states were replaced by larger formations with a king figure in a new political organization system.

• The feudal system evolved into mercantilism in the 15th century.

Emergence of Liberal States

• The transition to liberal states was marked by the English and French revolutions in the 17th and 18th centuries.

• Liberal states focused on upholding the rule of law, internal security, and defense against attacks while emphasizing economic production and property rights.

Rise of Interventionist States

• Excesses of liberalism led to discontent and the emergence of interventionist states catering to bourgeois, worker, and peasant sectors.

• Interventionist states manifested as socialist, fascist, or welfare state models.

Socialist State Ideals

• Socialism underlines communal ownership of production means with cooperative or state ownership for societal equality.

• Socialist states aim for classless societies with absolute equality among members.

Exploring Different Forms of States

This segment discusses various structural forms that political entities can take, including unitary/centralized systems and federations/confederations.

Unitary vs. Complex States

• States can be simple (unitary/centralized) or complex (federal/confederal), each with distinct characteristics.

Unitary State Characteristics

• Unitary states have a single center of power without internal autonomous divisions but may have administrative decentralization.

• Pure unitary examples include Monaco and Vatican City with no internal administrative divisions.

Complex State Structures

Understanding Federalism and Forms of Government

This section delves into the concept of federalism, exploring the distribution of powers between federal bodies and federative entities. It also discusses different forms of government, including confederations and federations.

Federalism and Forms of Government

• Federalism in Mexico allows for exceptions like the dissolution of powers in states.

• Confederation involves states maintaining sovereignty while collaborating internationally.

• Confederations have a legislative body but lack freedom for member states to unilaterally secede.

• Switzerland is an example of a country self-identifying as a confederation despite its federal structure.

Forms of Government: Historical Perspectives

This section explores historical perspectives on forms of government, drawing from Plato, Aristotle, Cicero, and analyses from the 19th and 20th centuries.

Historical Perspectives on Forms of Government

• Plato's classification includes monarchy, aristocracy, and democracy with potential degenerations.

• Aristotle adds oligarchy as rule by a few; democracy can degrade into demagoguery.

• Cicero identifies monarchy, aristocracy, democracy as pure forms with corresponding corruptions.

Evolution of Governments in the 19th and 20th Centuries

This section traces the evolution of governments during the 19th and 20th centuries, highlighting shifts towards republicanism and democracies.

Evolution of Governments

• In the 19th century, many countries transitioned from monarchies to republics like the U.S. and France.

• Ibero-American countries predominantly adopted republican governments post-independence except Brazil.

Modern Governance Systems: Parliamentarism vs. Presidentialism

Discusses modern governance systems focusing on parliamentarism versus presidentialism as analyzed by Professor Germán Darío Campos.

Modern Governance Systems

• Dictatorships disguised as republics eroded democratic connotations; parliamentary systems distinguish state from government.

• Parliamentarism features a division between head of state (monarch or president) and head of government (prime minister).