New perspectives of custom in the Administrative law

Abstract

Allowing for statutory perspective to understand the importance of custom as a source of administrative law, since it allows to overcome the state as a simple approach for the organized apparatus of power and, as such, the only star of the production of law, presence of the social community in the production system of sources is undeniable. On this basis, and despite its limited presence in administrative law, custom only permissible in our law will be the extra legem or praeter legem, that is, one that operates as a referral source under express written law and which operates as an extra source in the absence of express statutory reference. Among the assumptions of the first embodiment can be isolated and distinguished from the true customary law in administrative law, which arise when the legislature is forwarded directly to considering them simply as usual. While among the assumptions of the second embodiment of the present practice is or has been lower, but not nonexistent. In short, recognize the existence of -mostly local- custom that lives on and lives with positive management as a representative of the legal consciousness of the people and as such has proven presence in various sectors and institutions of the Administrative Law.