Judicial control of discretion administrative

Abstract

The purpose of this article is to determine how the judicial control of discretionary administrative acts, emanating from the State Administration bodies, is carried out. In this sense, it is transcendental to identify the limits between the discretion and arbitrariness of an administrative act, as well as the limits of judicial control; finding and reviewing two existing positions in Spanish law: the first one recognizes judicial control with the power to annul and without substitution; and the second recognizes this control with faculties of the judge to replace the annulled discretionary act. To finally identify some judicial control techniques.