La reformatio in peius in the Cuban administrative procedure

ISBN-13: 9786206949428 / Angielski / Miękka / 116 str.

Adrianne Álvarez

Opis

This book attempts to systematise the theoretical and legal foundations of one of the most controversial categories of administrative law, from its origins to its legal nature. The assumptions that make up the architecture of reformatio in peius are set out in two parts. The first is based on the general foundations that serve as a basis for the adequate organisation of administrative challenge procedures and as a basis for the adequate articulation of administrative appeals. In this scenario, an assessment is made not only of the content and scope of the legal category, but also of the principles of law with which its existence does not harmonise, in order to argue that the rule that should prevail is to prohibit practices of reforming the appellant's initial claim for the worse. The second part refers to an analysis of the presence of reformatio in peius in the Cuban legal system, from the 18th century to the present day, as well as the main implications it generates and the guidelines for its necessary improvement.