تسبيب الأحكام القضائية: دراسة قانونية وفلسفية

الملخص EN

Justice is the purpose of the judiciary, so it was necessary for a statement to express the justice of the court in what it concluded in its operative statement.

which the judge relied on, and his standing on the extent of the justice of the sentences, which ultimately leads to confidence in the judiciary in general.

the reasoning is the judge’s evidence to prove his justice, as it protects him from the deviation of his whims.

these reasons also enable the higher court to extend its oversight that the judge's application of the law was proper.

it paves the way for the court of cassation to monitor the courts in how they understand the facts of the case, which enables it to overturn rulings that violate general legal principles, such as the impartiality of the judge, or the inadequacy of the right of defense, through which the court of cassation ensures the extent to which the trial court respects these principles.

the reasons are the realistic and legal pillars of the judgment, and they are the ones that determine the validity of the judgment, and they are necessary for the establishment of any judicial judgment, and the facts are usually contained within them, and even the court’s decision is sometimes included among the reasons.

therefore, most of the comparative legislations agree on the necessity of justifying the rulings in general.