القيود الواردة على سلطة القاضي في الاجتهاد القضائي : فرنسا أنموذجا

Abstract EN

When exercising their authority in the jurisprudence, judges are subject to a set of restrictions that they must adhere to, as they do not want their jurisprudence to be accepted and welcomed by law practitioners in general, and legal scholars in particular, and in contrast to it, the arrows of criticism and defamation will extend to that jurisprudence, and then they will have to reverse them .

Perhaps the most important of those restrictions imposed on judges is their observance of justice between the parties to the lawsuit through their lack of bias for one of the parties at the expense of the other, in addition to their observance of public order and public morals, as well as their observance of the legal texts that they work under its umbrella, and last but not least their respect for the rights and fundamental freedoms of individuals As stipulated in international conventions as well as national laws.