مشروعية عدول القاضي الإداري عن اجتهاده وأثره على مبدأ الأمن القضائي: دراسة تطبيقية مقارنة

الملخص EN

In the recent years the judiciary ruling of jurisprudence has gained importance in among general law branches, and in particular in administrative law; Due to the distinction of administrative law from other branches of the laws by being a judicial system.

Therefore, I chose to pick the topic for my the study to be:' "The Legitimacy of the Administrative Judge Overruling of His Jurisprudence and It's Impact on the Principle of Judicial Security, a Comparative Study”.

In this study, I dealt with the essence of judicial security, and defined what is the meaning of the judicial security, and the distinguish between it and the similar terms, then I dealt with the extent of the legality of the administrative judge’s recusal from his jurisprudence, and the role of the Saudi and the Egyptian legislator in disrupting this jurisprudence.

Then I tried to find out the most prominent judicial applications to deviate from the jurisprudence in the Kingdom of Saudi Arabia and Egypt, and the effect of this change on the principle of judicial security.

In this study, I have concluded a set of recommendations and results, through which I suggested a mechanism that can be set up a limit on the judicial jurisprudence, as well as to limit the negative impact of this jurisprudence on the principle of judicial security, with the aim of consolidating, activating and consolidating this principle.