Constitutional state of law clause, principle of legality and public administration. Basic postulates and transformations

The Constitutional State and the Principle of Legality were created to help and to promote the control on the exercise of legal authorities of the Public Power, to liquidate his possible arbitrariness and to protect different aspects of the juridical sphere of the private ones. In sum, the central role and constant fights of these categories always it adjusted to the reconduction of this "potentior person" to the proper areas of the Law. The stamp of birth of both was never the planning, programming and involution of dissimilar, complex and highly technical activities, necessary all of them to satisfy the increasing collective needs. Opposite to the changes produced from the seventies of last century it becomes necessary to restate these two institutes without there gets lost the already gained, which might be possible if one assimilates certain concepts to his contents, allowing that some administrative activities that till now seemed to be placed in the shade, could have from these extensions a suitable covering and juridical recognition. © 2011. UNAM, Instituto de Investigaciones Jurídicas.