THE CONCEPTUAL DELIMITATIONS OF THE MATERIAL FUNCTION OF GOVERNMENT AND THE ADMINISTRATIVE FUNCTION, BASED ON THE SYSTEM OF INDIVIDUAL LEGAL PROTECTION

The purpose of this work is to formulate material criteria that allow the construction of a theory of determining relations of dependency and independence between the function of government and the administrative function, consistent with the system of protection of individual interests and with the system of democratic representation of general interests. To this end, we seek to distinguish the constituent elements of the material concept of government and administrative functions. We will present a brief evolutionary or historical synthesis to analyze processes of separation and linkage between the two, especially from the transit of the constitutional monarchy to the democratic state. We will use comparative law, based on historical evolution and the current state of doctrine of the United States of America and in the Federal Republic of Germany.