Practical individualization and scope of control

Abstract

What is linked to the legal nature of the limits and scope of judicial review of state discretion constitutes one of the most debated problems, both from the doctrinal and jurisprudential point of view. These types of issues are not only linked to issues of administrative law, but also have a direct impact on a deeper area at the constitutional level with respect to which it is the true reserve area of the Administration and the precise demarcation of the division of powers. In its practical reality, this complex problem raises more questions than forceful solu-tions, which have plausible acceptances. In this work we will try to give a concrete and reasoned answer that addresses the various questions that arise to those who administer, judge or advise those administered, in order to guarantee an intense effective judicial protection, respecting the division of powers and the rights and freedoms of the citizen.