دور القضاء الإداري و الدستوري في حماية الملكية الخاصة في مجال الحجز و الحراسة

Abstract EN

Private ownership is the most important natural entrance to increasing development and the most effective way to achieve its causes and results, which leads to the prosperity of the community and ensures its progress.

He tried to enclose private property with numerous protections and guarantees, and he was very careful to guarantee it the best protection with explicit and categorical texts that do not bear interpretation.

In this research, we have clarified the role that both the administrative and constitutional judiciary play in protecting private property, which is one of the most important rights enjoyed by members of society, and what it constitutes a guarantee against the abuse, tyranny and pervasiveness of the public authority and the administration when it tries to apply some restrictions imposed on private property.

The public authority and administration of the constitutional and legislative rules that lay down the specific scope of those restrictions.

We also decided to clarify the concept of both custody and guard, as well as to identify the controls and guarantees set by the legislator and emphasized them, and he was keen that the public authority and the administration are committed to following them and not exceeding them when trying to apply these restrictions, which paved the way for our study and understanding of the role played by the administrative and constitutional judiciary its clarification and the protection it provides for private property; To ensure that there is no abuse or abuse.