أثر الاجتهاد القضائي في القانون الإداري بين الإلغاء و الإبقاء

Abstract EN

Administrative law is one of the most important branches of interior public law because it has an important impact upon the administrative organization of states, regulating the behavior of the public administration and others.

Administrative laws also resolve disagreements between specialized judicial authorities.

On the one hand, administrative judiciary in countries of dual jurisdiction is premised on resolving conflicts between petitioners; on the other hand, it was credited with the invention theories and rules of administrative law in the founding country, particularly, France, for various reasons discussed by the jurisprudence.

In the context of the changes and developments of the law, and in connection with the close relationship between jurisprudence and administrative law, critical views have begun to emerge.

They endeavored to review the judicial basis of administrative law on the one hand, and the reasonable possibility of its sustainability, on the other hand.

However, other reviews —the most radical—have called for the abolition of administrative judiciary and, or even, administrative law respectively.

With reference to the case of Algerian and its experience, excluding the founding country, France, this research attempts to review the idea of the sustainability of the administrative law versus its abolition, and to critically re-read the traditional question: What is the impact of of Jurisdictional Assiduousness over the administrative law?