A vueltas con el control de la discrecionalidad del planeamiento urbanístico: Aportaciones para el debate

Mercedes Silva López

doi:10.46735/raap.n78.675

Authors

Mercedes Silva López Professor of the Administrative Law Area of the University Center of Higher Studies of Algeciras. https://orcid.org/0000-0003-0905-5238

DOI:

https://doi.org/10.46735/raap.n78.675

Keywords:

Discretion, town–planning, control techniques, control of the regulated elements, theory of the determining factors, general principles of law, environmental urban limits, scope of judicial review

Abstract

The purpose of this study is to analyze, from the point of view of town–planning, the techniques for the town planning discretionary authority through the analysis of the doctrine developed by our jurisprudence during the last twenty years. Based on the study of the broad discretionary power in town–planning, this article discusses the various techniques orchestrated in order to achieve the effective judicial review of its use. This study concludes with the examination of the scope of the activity jurisdictional control itself.