The culture of administrative procedure: origins and underlying reasons

Abstract

This study examines the emergence and underlying reasons of the “culture of administrative procedure,” focusing on the Spanish case in the 19th century and highlighting its uniqueness within the European context. While most European legal systems lacked a developed concept of administrative procedure—largely due to the desire to maintain a strong and unconstrained administration—Spain experienced a gradual evolution of a rich legislative, doctrinal, and jurisprudential tradition. This process culminated in the Azcárate Act of 1889, widely regarded as the first general codification of administrative procedure.

The article traces the origins of this culture, initially through sector-specific procedural regulations and later through their theoretical systematization and the emergence of a “subjective right to procedure.” Particular emphasis is placed on the contribution of Santamaría de Paredes, who conceptualized administrative procedure as an autonomous legal category, distinct from judicial proceedings and instrumental to the delivery of public services.

Finally, the study identifies three main underlying factors: jurisdictional traditionalism, conservative liberalism (viewing procedure as a tool of administrative power), and harmonic liberalism (emphasizing its role as a guarantee for citizens). The Spanish experience demonstrates that administrative procedure results from a complex interplay between administrative efficiency and the protection of individual rights.