The Normative Paradox of Administrative Law in Ecuador: Implications for Educational Administration

Abstract

Ecuadorian administrative law has a legal framework aimed at guaranteeing legality, legal certainty, transparency, administrative effectiveness, and the protection of citizens’ rights. However, its application does not always produce results consistent with these purposes, creating a paradox between normative strength and institutional practice. The objective of this critical review was to analyze how legal literature explains this paradox and its effects on the relationship between Public Administration and citizens, considering its implications for public management, including educational administration. A qualitative, documentary, and bibliographic study was conducted based on Ecuadorian regulations, specialized doctrine, and legal studies on legal certainty, administrative discretion, reasoning, procedural formalism, administrative silence, and institutional control. The review identified institutional gaps, uneven application of procedures, insufficient reasoning, and difficulties in controlling administrative powers. It is concluded that the effective protection of citizens requires reasoned, predictable, and controllable public action, principles that are also applicable to educational administration as part of public management.