مدى تطبيق محكمة العدل العليا للمبادئ التي أقرها القضاء الإداري في رقابته على السلطة التقديرية للإدارة

الملخص EN

This study deals with the desecration power of the administration while conducting administrative activities.

It also deals with the two elements of the administrative decision, namely, the cause and the object.

Then, it focuses on the theories and principles set by the judiciary concerning desecration power enacted by the administration, such as the theory of manifest appreciation, the theory of in compatibility, the principle of balancing between the benefits and torts of the administrative decision, and finally the principle of proportion.

The aim of this study is to find out how the High Court of Justice applies those principles on supervising the administrative decisions.

The study concludes that the High Court of Justice applies the principle of incompatibility as well as the principle of proportion while observing the administration decisions which concern officers punitive rules.

However, the High Court of Justice does not apply the aforementioned two principles in other cases.

Also, the High Court of Justice has not applied the principle of balancing between the benefits and torts which have been applied by the French State Council with regard to acquisition decisions.

Keywords: Supervision of the High court of justice, the desecration power, the elements of the administrative decision, theory of error manifest appreciation power, theory of in computability, Principe of proportion.