Judicial Control of the Discretionary Power of Public Administration in Cuba

Abstract

The discretionary power of Public Administration and the control of its use by the judges are one of the classic issues of Administrative Law. This paper briefly discusses the theoretical aspects related to the use of the Administration’s discretionary powers and their control by the judges, as well as the techniques available to do this control, and the manifestation of those powers in the Cuban legal system. This article has been written in order to foster a rethinking on the Cuban legal reality, whose criteria still look at discretion as an absolute power, free from any control or correction from the outside, which contradicts the very essence of that discretionary power.