عبء إثبات عيب السبب في القرار الإداري

الملخص EN

This study aimed to shed light on the judicial control over the cause of the administrative decision and the burden of proof, which emerged in the district of the French Council of State at the Beginning of the last century, And the establishment of the State Council of Egypt, which followed the French Council of State in the imposition of this control after its establishment in 1946, as well as the establishment of the Jordanian Administrative Court and try Jordanian administrative judiciary to benefit as much as possible of the provisions of the Egyptian administrative court .

It also made it clear that this control has evolved from the control of the physical existence of the facts to the control of the legal description of the facts, and then arrived at the field of convenience borders to monitor the proportionality of the administrative decision with the facts that cause the release, as well as talk about the administrative power of the judge to limit the discretion of management in adapting facts, We addressed the apparent mistake in assessing the facts and the theory of the balance between the benefits and damages, including elimination of the position of administrative theory, and the authority of the administrative judge in the coverage defect reason