The conditions of mandamus
DOI:
https://doi.org/10.17533/udea.esde.2554Keywords:
mandamusadministrative function, administrative omission, discretion, executionAbstract
In order to accomplish the effectiveness of the mandamus, a series of elements related with the administrative functions and the general theory of the administrative act should agree successfully. In fact, those elements by themselves, already introduce non-expressed conditions that are not clearly declared nor in the Constitution neither in the legal norms that include it. The omitted obligations that are susceptible to be demanded by the said action, depend on the legal configuration of the administrative powers that are used in each case. Therefore, although mandamus is considered as an important actions like the “acción de tutela and the acciones populares” c*** , they do not have the same protagonism and practical effectiveness, because said conditions make it highly inoperative.
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